30 Sept 2022
香港特別行政區 訴 周智宏
- Citation
- [2022] HKCFI 3039
- Court
- Court of First Instance
- Case number
- HCMA429/2021
Although the trial judge's factual findings supported that the appellant possessed items capable of illegal use and likely intended to engage in obstructive or violent conduct, the binding authority in HKSAR v Chan Chun Kit requires proof of the particular unlawful purpose charged (here, unlawful entry) and the prosecution failed to prove that specific intent; therefore the conviction under the chosen offence was legally unsustainable and must be quashed.