16 Jul 2021
HKSAR v. LEUNG CHUNG HANG SIXTUS (梁頌恆)
- Citation
- [2021] HKCFA 24
- Court
- Court of Final Appeal
- Case number
- FACC2/2021
The Court held that the 'likely' limb of s18(1) POO displaces the presumption of mens rea and falls within the fifth Kulemesin category: no mens rea need be proved for the objective element that the conduct was likely to cause any person reasonably to fear a breach of the peace, while full mens rea must still be proved for elements that the defendants were three or more persons assembled and conducted themselves in a disorderly, intimidating, insulting or provocative manner and that the defendant took part in the unlawful assembly; HKSAR v Leung Tin Kei is overruled insofar as it required men…