Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Factual assessment vs questions of law
  • 26 Apr 2021

    HKSAR v. LAU KA TUNG

    Citation
    [2021] HKCFI 1101
    Court
    Court of First Instance
    Case number
    HCMA137/2020

    The court refused to certify any question for leave to appeal because the central issues relied on by the applicant involved fact‑sensitive determinations (whether acts were wilful and amounted to obstruction, whether the accused held a genuine belief that the officer was not in the due execution of his duty, and any lawful excuse) and were not reasonably arguable points of law suitable for certification under section 32(2). The context of an advancing police line at a public demonstration is a material circumstance to be assessed on the facts.