Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Reasonable necessity of police force
  • 8 Jun 1983

    THE QUEEN v. CHIU YU-TO

    Citation
    THE QUEEN v. CHIU YU-TO
    Court
    Court of Appeal
    Case number
    CACC535/1983

    The conviction for disorderly conduct was unsafe because the prosecution evidence did not establish that the appellant alone was unusually abusive prior to the arrest and the magistrate impermissibly relied on parts of the appellant's own account to single him out; however, the order to squat and related measures were, on the evidence and context (crowd, need to control and await transport), reasonably necessary, so the appellant's push amounted to resisting a lawful arrest and that conviction was upheld.