17 Sept 2020
香港特別行政區 訴 吳文遠及另二人
- Citation
- [2020] HKCFI 2425
- Court
- Court of First Instance
- Case number
- HCMA492/2019
On the facts demonstrated by video and witness evidence the appellants’ conduct met the statutory and common law elements: A1’s public exhortations to climb and breach police barriers constituted incitement to disorderly conduct likely to lead to unlawful assembly; A2 intentionally resisted and impeded police removal of A1; A3 actively advanced and pushed barriers; an objective bystander (police, journalists, road users) could reasonably apprehend that the conduct would lead to breach of the peace; police operational decisions and cordons were proportionate. Therefore convictions were upheld.