香港新會然
2019-8-3 21:43:40
破壞社會安寧的定義應該係apply R v Howell, 而cfa都endorse左依個立場係周諾恆案. 我認為 dc的沈官係DCCC 710/2016根本apply錯左個law or 無正確apply個definition. 否則個OUTCOME應該好唔同.
黑鳥
2019-8-4 11:41:27
補充資料
Cap. 245 Public Order Ordinance
Part IV
Unlawful Assemblies, Riots and Similar Offences
(Format changes—E.R. 1 of 2017)
18.Unlawful assembly
(1)When 3 or more persons, assembled together, conduct themselves in a disorderly, intimidating, insulting or provocative manner intended or likely to cause any person reasonably to fear that the persons so assembled will commit a breach of the peace, or will by such conduct provoke other persons to commit a breach of the peace, they are an unlawful assembly. (Amended 31 of 1970 s. 11)
(2)It is immaterial that the original assembly was lawful if being assembled, they conduct themselves in such a manner as aforesaid.
(3)Any person who takes part in an assembly which is an unlawful assembly by virtue of subsection (1) shall be guilty of the offence of unlawful assembly and shall be liable— (Amended 31 of 1970 s. 11)
(a)on conviction on indictment, to imprisonment for 5 years; and
(b)on summary conviction, to a fine at level 2 and to imprisonment for 3 years.
(Amended E.R. 1 of 2013)
19.Riot
(1)When any person taking part in an assembly which is an unlawful assembly by virtue of section 18(1) commits a breach of the peace, the assembly is a riot and the persons assembled are riotously assembled. (Amended 31 of 1970 s. 12)
(2)Any person who takes part in a riot shall be guilty of the offence of riot and shall be liable—
(a)on conviction on indictment, to imprisonment for 10 years; and
(b)on summary conviction, to a fine at level 2 and to imprisonment for 5 years.
(Amended E.R. 1 of 2013)
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