4 Oct 2013
香港特別行政區 訴 蕭敏兒
- Citation
- 香港特別行政區 訴 蕭敏兒
- Court
- Court of First Instance
- Case number
- HCMA607/2012
The appeal is allowed because the prosecution failed to prove that the buffer zone and protest area were reasonably necessary and proportionate on the evidence produced and therefore failed to establish that the officers were lawfully executing a duty when preventing the appellant; absent proof of lawful execution of duty and of actual disturbance of public peace, the appellant could not be convicted of resisting or obstructing police, so convictions must be quashed.