14 Aug 2023
HKSAR v. LAI CHEE YING AND OTHERS
- Citation
- [2023] HKCA 971
- Court
- Court of Appeal
- Case number
- CACC84/2021
Appeal allowed in part: convictions for 'organizing' an unauthorised assembly (Charge 1, s17A(3)(b)(i)) were unsafe for lack of evidence of active organization and are quashed; convictions for knowingly taking part in an unauthorised assembly (Charge 2, s17A(3)(a)) were supported by evidence and the appeals on those convictions are dismissed; Leung Kwok Hung (2005) binds the court on systemic proportionality, so no separate operational proportionality exercise overturned the prosecutions; sentences survive only for Charge 2 and remain as reduced by the judge for individual mitigation.