23 Nov 2005
The defence of reasonable excuse fails where there is no imminent and immediate threat; here the 28 October incident was not a physical attack and there was no evidence of an immediate threat on 31 October, so carrying the knife was not a reasonable excuse and the conviction must be upheld.
12 Sept 1983
The magistrate's refusal to exercise the mandatory sentencing jurisdiction under s.33(2) after convicting was unlawful; the Attorney General (via the nominal prosecutor) had standing and there was no undue delay preventing relief, therefore certiorari was granted quashing the magistrate's decision and remitting the matter for sentencing consistent with s.33(2).
30 May 1978
Section 33(2)(d) of the Public Order Ordinance prescribes mandatory and exclusive sentencing options for offenders over the statutory age; therefore a magistrate lacked power to impose a detention centre order in respect of an offence under section 33 absent a specific legislative provision amending section 33, and the detention centre order was set aside and replaced with concurrent imprisonment sentences.