HKSAR V. CHOY KIN YUE (蔡健瑜)

[2022] HKCFA 27 Court of Final Appeal 16 December 2022 • FACC3/2022 • 20 min read

12 cases cited (0 HK, 12 foreign) Cited by 1 case

Outcome

Appeal allowed

I would allow the appeal and restore the conviction and sentence against the Respondent.

Source: [2022] HKCFA 27, Court of Final Appeal, decided 16 December 2022. Read directly from the judgment.

Judges (5)

Cheung Coram Fok Coram Lam Coram Lord Hoffmann Coram Ribeiro Coram

Counsel (7)

Chak & Associates LLP Firm Department of Justice Firm Brian Tsui Counsel Appellant Edwin Choy Counsel Appellant Ivan Cheung Counsel Respondent Jennifer Tsui Counsel Respondent Jonathan Lin Counsel Appellant

Parties (2)

HKSAR Respondent Choy Kin Yue Appellant

Summary

Following the grant of leave to appeal, the prosecution's appeal in HKSAR v Choy Kin Yue was heard on the substantive question of whether the judge below misapplied the Court of Final Appeal's judgment on participatory intent for unlawful assembly. The Court considered the proper application of the principles established in Lo Kin Man. The appeal was allowed and the conviction was restored.

Statutes Cited

Basic Law

Art 27

Cases Cited (12)

HK (12)

(2020) 23 HKCFAR 518 (2021) 24 HKCFAR 164 (2021) 24 HKCFAR 302 [2012] 5 HKLRD 556 [2019] 5 HKLRD 291 [2019] 5 HKLRD 500 [2020] 2 HKLRD 771 [2020] 5 HKLRD 356 [2020] 5 HKLRD 638 [2021] 1 HKLRD 563 [2021] 1 HKLRD 607 [2021] 2 HKLRD 399

Cited By (1)

[2023] HKCFA 6

HKSAR V. MAK WING WA (麥永華)

Citation influence

HKLII records this judgment as cited by 13 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.