Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Imminent threat

Legal area

Court

24 Apr 2006

WONG CHRISTOPHER MILTON v. HKSAR

Citation

WONG CHRISTOPHER MILTON v. HKSAR
Court

Court of Final Appeal
Case number

FAMC105/2005

Leave to appeal was refused because the judge correctly applied the law that self-protection only excuses possession where there is a well-founded, objectively reasonable anticipation of imminent attack; on the facts (remote past assaults and a non-physical verbal threat which was avoided) there was no such imminent threat and carrying the knife was not objectively reasonable.
23 Nov 2005

HKSAR v. WONG CHRISTOPHER MILTON

Citation

HKSAR v. WONG CHRISTOPHER MILTON
Court

Court of First Instance
Case number

HCMA729/2005

The defence of reasonable excuse fails where there is no imminent and immediate threat; here the 28 October incident was not a physical attack and there was no evidence of an immediate threat on 31 October, so carrying the knife was not a reasonable excuse and the conviction must be upheld.
9 Oct 1985

THE QUEEN v. YUNG YUK

Citation

THE QUEEN v. YUNG YUK
Court

Court of First Instance
Case number

HCMA662/1985

On the facts the respondent's belief in imminent attack was not reasonable and his reaction in carrying a 16-inch beefknife was unreasonable; the magistrate's finding that a satisfactory account was given was erroneous, so the appeal is allowed and the respondent convicted.