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17 H.K. J. Legal Stud. 147 (2023)
Are Offences for Possession of Offensive Weapons in Hong Kong Justifiable from a Normative Perspective?

handle is hein.journals/hkjls17 and id is 157 raw text is: 147 ARE OFFENCES FOR POSSESSION OF OFFENSIVE WEAPONS IN HONG KONG JUSTIFIABLE FROM A NORMATIVE PERSPECTIVE? So Yiu Hei, Michael* This paper argues that offences for possession of offensive weapons in Hong Kong are predominantly unjustifiable from a normative perspective. The principle of fair play and omission will first be identified as doctrines that can justify offences for possession of offensive weapons in general. In applying these principles, it will be pointed out that the current Hong Kong offences routinely rely on the ulterior intent (intention to use an item to cause injury to someone) to counterbalance the over-inclusive definition of offensive weapons. Hence, it will be established that in principle the commission of a morally innocent act with a wrongful intention cannot be criminalised. Accordingly, it will be concluded that the current Hong Kong offences are to a large extent unjustifiable. In order to provide directions for reform, similar offences from England and Wales, and Germany will be reviewed. INTRODUCTION Offences for possession of offensive weapons frequently hit the headlines during the 2019 social movement in Hong Kong. As of March 2022, the offence of possession of offensive weapons is the second most frequently convicted offence among convictions associated with the social movement and led to custodial sentences.1 Household items like laser pointers and hiking sticks BBA(Law) & LLB (HKU). Hong Kong Democracy Council, 'Hong Kong Reaches a Grim

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