9 Aug 2021
香港特別行政區 訴 N.H.M.
- Citation
- [2021] HKCFI 2223
- Court
- Court of First Instance
- Case number
- HCMA7/2021
Appellate court accepted PW1 identified the appellant as the person who threw the bottle and that the act was intended to challenge police, but held prosecution did not prove beyond reasonable doubt the specific subjective mens rea required by s17B(2) (intent to incite others to breach public peace); amendment of the charge at appellate stage would be unfair and, after balancing public interest and prejudice to the appellant, the court declined to remit for retrial and quashed the conviction.