28 Apr 2006
HKSAR v. PEARCE, MATT JAMES
- Citation
- HKSAR v. PEARCE, MATT JAMES
- Court
- Court of First Instance
- Case number
- HCMA1029/2005
The court quashed the convictions in HCMA 1029/2005 because the Magistrate's findings that the appellant's brief appearance on the closed race-track was likely to cause a breach of the peace and that a one-minute delay caused the requisite common injury were unsupported by evidence. The court upheld the conviction in HCMA 313/2006 because the appellant's planned climb and banner display foreseeably caused significant congestion and obstruction of rights common to the public, and he knew or ought to have known the consequences; the common law public nuisance charge was properly laid. The 21-da…