Read the full judgment text of CACC 000125/1979 on BabelCite. This Court of Appeal judgment was delivered on 20 February 1979 before Yang, J..
Criminal law – loitering – public place – private car – possession of offensive weapons – section 33(1) Public Order Ordinance – section 26(a) Summary Offences Ordinance – ejusdem generis – appeal – conviction upheld – appellant seated in stationary private car on public road at 2:50 a.m. – knives found under seat – appellant claimed self-defence – first charge: whether private car is a public place – held: person in car in public place is in public place – Canadian and Australian authorities applied – second charge: whether sitting in stationary car is loitering – held: loitering means idling, lingering, hanging about – car on highway means appellant loitering on highway – no need for unlawful purpose under section 26(a) – appeal dismissed
Legal issues: Possession of offensive weapons in a public place - whether private car is a public place · Loitering at night - whether sitting in stationary car is loitering and whether on a highway
Outcome: Appeal against both convictions dismissed.