14 Jul 2023
律政司司長 對 余德穎及另七人
- Citation
- [2023] HKCA 877
- Court
- Court of Appeal
- Case number
- CACC278/2021
Appeal court held (1) defective service of the case‑stated appeal documents within the statutory timeframe deprived the court of jurisdiction to proceed against certain absent defendants so the appeal was dismissed in respect of those defendants; (2) on the substantive law, a two‑person agreement can constitute conspiracy to participate in an unlawful assembly or riot if, at the time of agreement, the parties intended, knew or were aware that the agreed act would necessarily or foreseeably involve three or more participants (i.e. the intention/knowledge that others will participate is part of…