HKSAR V. CHAN CHUN KIT (陳俊傑)

[2022] HKCFA 15 Court of Final Appeal 15 July 2022 • FACC1/2022 • 52 min read

20 cases cited (0 HK, 20 foreign)

Outcome

Appeal allowed

I would therefore allow the appeal and set aside the conviction and sentence.

Source: [2022] HKCFA 15, Court of Final Appeal, decided 15 July 2022. Read directly from the judgment.

Judges (5)

Cheung Coram Fok Coram Gleeson Coram Lam Coram Ribeiro Coram

Counsel (3)

O Tse & Co Firm Charlotte OT Chan Counsel Appellant Steven Kwan Counsel Appellant

Parties (2)

HKSAR Respondent Chan Chun Kit Appellant

Summary

Chan Chun Kit appealed against his conviction for possession of an instrument fit for unlawful purposes — specifically 48 plastic cable ties found during police dispersal of an unauthorised assembly in Causeway Bay. The Court of Final Appeal considered the proper interpretation of section 17 of the Summary Offences Ordinance, applying the ejusdem generis rule and resolving differences between the English and Chinese texts. The appeal was allowed and the conviction was quashed.

Statutes Cited

Hong Kong Bill of Rights Ordinance (Cap 383)

s 3(2)

Interpretation and General Clauses Ordinance (Cap 1)

s 10B(1) s 10B(3) s 3 s 34

Interpretation Ordinance

s 10B

Legislation Publication Ordinance

s 34

Official Languages Ordinance

s 4B s 4B(1) s 4B(2)

Public Order Ordinance

s 2 s 33

Summary Offences Ordinance

s 17

Cases Cited (20)

UK (3)

[1946] AC 347 [1980] AC 744 [1981] AC 800

HK (17)

(2009) 12 HKCFAR 568 (2017) 20 HKCFAR 196 (2020) 23 HKCFAR 311 (2020) 23 HKCFAR 414 [1989] 1 HKC 498 [1996] 1 HKC 69 [1997] 1 HKC 1 [1997] HKLRD 1031 [1999] 4 HKC 556 [2004] 1 HKLRD 683 [2004] 4 HKC 115 [2021] HKCA 1493 [2021] HKCFI 1100 [2021] HKCFI 1319 [2021] HKCFI 1669 [2022] HKCA 34 [2022] HKCFA 5

Citation influence

HKLII records this judgment as cited by 18 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2023] HKCFA 11 Court of Final Appeal

24 May 2023

[2024] HKCFA 2 Court of Final Appeal

25 January 2024

[2024] HKCFI 1468 Court of First Instance

30 May 2024

[2024] HKCFI 553 Court of First Instance

14 March 2024

[2023] HKCFI 2233 Court of First Instance

31 August 2023

[2025] HKCFA 7 Court of Final Appeal

1 April 2025