20 Nov 2024
律政司司長 訴 葉澤深及另一人
- Citation
- [2024] HKCFI 3279
- Court
- Court of First Instance
- Case number
- HCMA122/2023
The High Court held the magistrate applied an unduly narrow legal test by focusing only on whether the respondents personally committed prohibited acts; under Lo Kin‑man the correct inquiry includes whether accused persons, by their presence, conduct and items carried, facilitated, assisted or encouraged others to commit prohibited acts. The magistrate failed to adequately consider the totality of environmental evidence (location/time of arrests, flight/escape, attire, face coverings, items found) and thus her acquittals on counts 1–3 were legally unsound; the appeal was allowed and the acqui…