Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Disturbing public order
  • 28 Jul 2023

    香港特別行政區 訴 李志宏

    Citation
    [2023] HKCFI 1794
    Court
    Court of First Instance
    Case number
    HCMA266/2022

    On the evidence, including live witness PW3 and objective contemporaneous recordings, the appellant's loud insulting and provocative conduct in an already tense, sizable public assembly was properly found to have been intentionally directed at inciting and in any event objectively likely to produce a breach of social peace; conviction therefore safe. The trial sentence was excessive in starting point and was reduced on appeal to reflect appropriate proportionality and the appellant's positive character, resulting in an amended term of 5 months' imprisonment.

  • 2 Mar 2015

    香港特別行政區 訴 馬希郁

    Citation
    香港特別行政區 訴 馬希郁
    Court
    Court of First Instance
    Case number
    HCMA724/2014

    The High Court held the magistrate's sentence was not manifestly excessive; an appropriate starting point was nine months' imprisonment given the gravity and public‑safety risk, and after applying the one‑third guilty plea discount the correct sentence is six months; other claimed mitigations (intoxication, being assaulted, job and family loss) do not justify further reduction.