Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Riot offence

  • 28 Feb 2025

    香港特別行政區 訴 林翠雯及另一人

    Citation
    [2025] HKCA 219
    Court
    Court of Appeal
    Case number
    CACC16/2023

    The Court held that although the trial judge made some inaccuracies in summarising particular observations and may have conflated identification of the thrower, his overall credibility assessment and inferences—that the applicants, by remaining in the violent scene in matching attire and acting consistently with other demonstrators, intended to and did participate in the riot—were open on the evidence. Those errors were not material to the safety of conviction; therefore the convictions and sentences were upheld.

  • 31 Jul 2020

    HKSAR v. LO KIN MAN

    Citation
    [2020] HKCA 646
    Court
    Court of Appeal
    Case number
    CACC164/2018

    The court refused certification: it held that the common purpose element of unlawful assembly need not be an ulterior objective distinct from the mens rea to breach the peace, and that the sentencing questions raised were not reasonably arguable points of law of great and general importance because riot sentencing is deterrence-focused and fact-specific; accordingly the Notices of Motion for certification were dismissed.