Hong Kong Case Law

11 Oct 2021

香港特別行政區 訴 陳俊傑

Citation

[2021] HKCA 1493

Court

Court of First Instance

Case number

HCMA242/2020

Section 17 must be read broadly: both the open category ('other instrument fit for unlawful purposes') and 'any unlawful purpose' are not constrained by ejusdem generis in the present bilingual text and modern context; the Chinese text and s10B support an open reading; the trial judge permissibly inferred intent from the items, circumstances and rejected defence account; therefore conviction and sentence were properly upheld.

• Possession of offensive weapon (s17 summary offences ordinance)
• Interpretation of bilingual statutes
• Ejusdem generis rule
• Time‑adaptation of statutes (statute is always speaking)
• Judicial notice
• Mens rea/intent