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by ajdlinux 2514 days ago
Mens rea alone isn't enough to be convicted of a crime, but the actus reus in this case sounds like possession rather than use.

I don't know about HK laws on laser pointers but here in Australia there are restrictions on laser pointers - anything >1mW requires a permit in most states, without a permit you're liable for possession of a prohibited weapon whether or not you planned to use it. Even <1mW, you may be required to have a reasonable excuse for possessing it if you take it into a public space (at least in some states, I haven't checked all of them).

2 comments

Agreed and I think the public perception on the news regarding the Lazer Pointer incident doesn’t encompass the use of Lazer pointers or the governance of Lazer pointers. However, I think the Police didn’t make clear enough is the suspicion of carrying weapons and the wattage of the Lazer pointers weren’t disclosed at this point. Furthermore, the intention to modify something as a weapon to cause harm is something most regular people don’t consider. It’s easy to upgrade a laser pointer to emit light dangerously high and able to cause damage at a longer distances. I think Hk should take a page from Australia and limit the use of lasers as they are harmful even at 1-5w output. I certainly wouldn’t let my kids play with them.
> I don't know about HK laws on laser pointers

I think at this point you should be looking into China's laws on laser pointers, not Hong Kong's.

It's not at that point yet. PRC does have a garrison inside HK but they're sitting still. It's possible they could go in plain clothed to collect info and provocateur to discredit the protesters. It'd cause a pretty big meltdown if they were busted doing that.

Aside from that: HK has control over its statutes. https://www.elegislation.gov.hk/index/en/subject

Basic law (the part PRC plays a role) is the constitution. For an overview: https://www.basiclaw.gov.hk/en/facts/index.html

Aside, Here's a better article: http://www.thestandard.com.hk/section-news.php?id=210397

No. The central government maintains a tight grip on the Hong Kong Government, and of course occasionally acts of its own accord in Hong Kong (see the case of the booksellers' rendition), but for the most part they still have to let the Hong Kong legal system operate as it does.

Even in light of these protests, it continues to seem fairly unlikely that Beijing will want to intervene militarily or impose direct controls over the HK government unless things heat up considerably more than they have already.

The justice system and judges are still under UK/HK control - HK has no law/rule that only HK people could be served as judge. https://www.judiciary.hk/en/about_us/judges.html