14 Dec 2022
香港特別行政區 訴 鄒幸彤
- Citation
- [2022] HKCFI 3692
- Court
- Court of First Instance
- Case number
- HCMA51/2022
The Court held the legality of a general prohibition order under the Public Order Ordinance can be challenged in criminal proceedings because legality is a necessary element of the offence charged. On the facts the police failed to discharge their duty under s9(4) to consider less intrusive conditions and to actively facilitate lawful assembly; the prohibition was therefore unlawful. Because the alleged incitement targeted an assembly that was not legally prohibited, the element of the offence was absent and the conviction could not stand. Appeal allowed and conviction and sentence quashed.