15 Dec 2009
HKSAR v. MATT JAMES PEARCE
- Citation
- HKSAR v. MATT JAMES PEARCE
- Court
- Court of First Instance
- Case number
- HCMA740/2009
Recusal refused because a fair-minded informed observer would not conclude a real possibility of bias given differences between the prior case and the instant appeal and the role of a single judge on rehearing; the conviction was upheld because the appellant at times completely blocked Battery Path and, on the facts and in light of YEUNG May Wan, his obstruction exceeded the bounds of reasonable exercise of the right to demonstrate; the appropriate disposal of sentence was substitution of immediate imprisonment with 180 hours community service as a proportionate, constructive sanction.