Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 18 poo
  • 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…