18 Nov 2013
HKSAR v. CHOW NOK HANG AND ANOTHER
- Citation
- HKSAR v. CHOW NOK HANG AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FACC14/2012
Convictions under s.17B(1) and s.17B(2) could not stand: s.17B(1) requires a purpose to prevent the transaction of the gathering's business in a substantial practical sense (not a momentary interruption), and s.17B(2) requires that disorderly conduct be intended or objectively likely to provoke a breach of the peace by others; the evidence did not establish those elements (staff and persons present acted with restraint and there was no real likelihood others would resort to violence), therefore the appellants' convictions were quashed and appeals allowed.