Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Public place obstruction

Legal area

Court

11 Jun 2009

SECRETARY FOR JUSTICE v. MATT JAMES PEARCE

Citation

SECRETARY FOR JUSTICE v. MATT JAMES PEARCE
Court

Court of First Instance
Case number

HCMA1078/2008

The magistrate's conclusion that there was no case to answer was perverse because he misapplied Yeung May Wan by overstating similarities, failed to account for material distinctions (single demonstrator, deliberate control of pedestrians, persistence and individual longer blockages) and over-relied on aggregate statistics; on the evidence there was a case to answer, so the appeal is allowed and the magistrate's dismissal is set aside with remittal for trial de novo.
16 Jul 2002

HKSAR v. FUNG KA KEUNG, CHRISTOPHER AND ANOTHER

Citation

HKSAR v. FUNG KA KEUNG, CHRISTOPHER AND ANOTHER
Court

Court of First Instance
Case number

HCMA1014/2001

The court accepted the police evidence and video that adequate warnings were given and heard and that the appellants wilfully obstructed police in execution of their duty; accordingly convictions for obstruction of police were upheld. However the conviction under the summary offence for causing obstruction in a public place was unsafe because there was insufficient evidence that the appellants knew they were on public land and the magistrate failed to address that issue, so that conviction was quashed.