23 Aug 2024
香港特別行政區 訴 簡梓濱
- Citation
- [2024] HKCA 792
- Court
- Court of Appeal
- Case number
- CACC100/2023
原審法官合理拒絕申請人之證供並基於十五項事實的累積效果作出合理推斷，該等推斷及對可信性的評價屬於原審的事實決定範疇，上訴法院無理推翻理由；有關僅憑身在現場即可定罪的論點已由上級判例處理，故拒絕許可上訴。
Hong Kong Case Law
Presence at scene
25 Mar 2021
SECRETARY FOR JUSTICE v. TONG WAI HUNG AND OTHERS
- Citation
- [2021] HKCA 404
- Court
- Court of Appeal
- Case number
- CASJ1/2020
By purposive statutory construction and having regard to legislative history and public interest in maintaining public order, ss.18 and 19 of the POO do not exclude the common law doctrine of joint enterprise; accordingly parties may be liable for unlawful assembly or riot even if not physically present at the scene where their participation in a joint enterprise is established, and the principle in Sze Kwan Lung that presence is not always necessary applies to these statutory offences.
13 Jan 2006
YIP LAI YING v. HKSAR
- Citation
- YIP LAI YING v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FAMC80/2005
Given the magistrate's accepted primary findings (applicant heard discussions, saw weapons, remained with the group through the confrontation) it was reasonable to infer she knowingly lent herself to a triad show of strength and thereby acted as a member of a triad society; no error of law or departure from acceptable inference‑drawing was shown, so leave to appeal is refused.