21 Feb 2024
香港特別行政區 訴 鄒幸彤
- Citation
- [2024] HKCFI 479
- Court
- Court of First Instance
- Case number
- HCMA51/2022
The court upheld the sentencing exercise: a 12-month starting point for premeditated, widely published incitement to an unlawful assembly during an ongoing serious pandemic was appropriate, and an additional 3 months was justified by repeated offending and offending while awaiting trial; the trial judge did not err in law in declining to give weight to freedom of expression as a mitigating factor because the prohibition was a proportionate, legitimate public-health measure and the incitement crossed the lawful boundary; therefore the 15-month sentence (with the specified execution order) must…