Read the full judgment text of FACC 000003/2004 on BabelCite. This FACC judgment was delivered on 10 March 2004 before Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Mr Justice Nazareth NPJ and Sir Anthony Mason NPJ.
Criminal law – bind-over order – legal certainty – Public Order Ordinance (Cap 245) s.17B(2) – appeal – costs – appellant convicted of disorderly conduct in public place, fined and ordered to pay costs – on appeal, conviction quashed but bind-over order made in general form (to keep the peace and be of good behaviour) – following Lau Wai Wo v. HKSAR, general form bind-over order held insufficiently certain – appeal allowed – bind-over order and costs order set aside – caveat that in future cases insufficiently certain orders may be cured by variation after hearing parties.
Legal issues: Sufficiency of general form bind-over order
Outcome: Appeal allowed; bind-over order and costs order set aside.