11 Apr 2013
香港特別行政區 訴 張建忠
- Citation
- 香港特別行政區 訴 張建忠
- Court
- Court of First Instance
- Case number
- HCMA37/2013
The magistrate's refusal to issue summonses was correct because the evidence was insufficient to infer that the second assault was intended to deter the applicant from being a witness (required for attempt to pervert the course of justice), and the security guard's mere failure to prevent the assault did not constitute assistance, encouragement or procurement absent evidence of knowledge, intent and positive acts; the statutory definition of 'security work' does not itself create criminal liability for omissions.