Read the full judgment text of HCMP 774A/2015 on BabelCite. This Court of First Instance judgment was delivered on 17 January 2018 before Hon Andrew Chan J.
Criminal law – contempt of court – civil contempt – application for committal – Occupy Movement – Mong Kok clearance operation on 26 November 2014 – court injunction orders obtained in HCA 2104/2014 – seventeen respondents alleged to have breached injunction by presence in cleared area – some respondents admitted liability, others found guilty after trial – sentencing – applicability of s.109A Criminal Procedure Ordinance to young offenders in criminal contempt proceedings – s.2 Criminal Procedure Ordinance definition of 'court' as 'the Court of First Instance acting in the exercise of its criminal jurisdiction' – English case of Morris and Others v Crown Office [1970] 2 QB 114 holding that equivalent English provision had no place in criminal contempt proceedings – Hong Kong Bill of Rights Articles 6(3) and 11(3) – Court of Appeal decision in Secretary for Justice v Cheung Kai Yin [2016] 4 HKLRD 367 holding that contempt proceedings arising from civil injunction enforcement are civil causes or matters – s.109A inapplicable to criminal contempt proceedings in CFI – court retains full sentencing power for young offenders – immediate imprisonment for Wong Chi Fung (3 months consecutive to existing term under appeal) and Wong Ho Ming (4 months 15 days) – suspended sentences for remaining respondents ranging from 1 month to 2 months suspended for 12-18 months with fines of $10,000-$15,000 – costs ordered against respondents on indemnity basis with certificate for 3 counsel.
Legal issues: Applicability of s.109A Criminal Procedure Ordinance to criminal contempt proceedings in CFI
Outcome: Mixed sentencing outcomes. Respondents who admitted liability generally received suspended sentences of 1 month to 6 weeks with fines of $10,000, with variations for individual circumstances. Wong Chi Fung received 3 months' immediate imprisonment, consecutive to his existing term under appeal. Respondents found guilty after trial generally received 6 weeks' imprisonment suspended for 12 months, with fines of $15,000 for most except Kwok Yeung Yuk and Mak Ying Sheung who received no fine. Chiu Chi Sum and Chan Po Ying received 2 months suspended for 18 months with $15,000 fine. Wong Ho Ming received 4 months and 15 days' immediate imprisonment.
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