Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Obstruction of bailiff

Legal area

Court

31 Aug 2018

SECRETARY FOR JUSTICE v. LOU TIT MAN

Citation

[2018] HKCFI 2027
Court

Court of First Instance
Case number

HCMP2931/2015

Each respondent, being a person subject to the injunction, deliberately remained in the Area after multiple announcements and warnings, and by so doing obstructed and interfered with bailiffs and police executing the injunction; pursuant to Wong Ho Ming the requisite mens rea is established by intent to do the obstructing acts, and accordingly each respondent was guilty of criminal contempt.
16 Aug 2018

SECRETARY FOR JUSTICE v. WONG HO MING

Citation

[2018] HKCA 508
Court

Court of Appeal
Case number

CACV259/2017

The application for leave was refused because the broad question on mens rea for all criminal contempt was too general and did not arise, and the narrower question whether specific intent is required for obstructing a bailiff, though of public importance, was not reasonably arguable; the court held that basic intent is sufficient for this form of contempt.