4. Assault with Intent to Commit Offence, or on Police Officer, etc.

4. Assault with Intent to Commit Offence, or on Police Officer, etc.

Under section 36 of the Offences against the Person Ordinance, any person who — 

(a) assaults any other person with intent to commit an arrestable offence; or 

(b) assaults, resists or wilfully obstructs any police officer in the due execution of his duty, or any person acting in aid of such officer; or 

(c) assaults any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence, 

commits an offence triable either summarily or on indictment, punishable by 2 years' imprisonment. 

Sentencing Principles 

The maximum penalty under section 36 of the Offences against the Person Ordinance (Cap. 212) is 2 years' imprisonment. Section 36 is an excepted offence, and a suspended sentence therefore cannot be imposed. Offences under section 36 take many forms, so there are no specific sentencing guidelines, but the usual sentence is immediate imprisonment, and sentences must be deterrent. The appropriate penalty depends on the circumstances of the individual case, including the social setting or occasion, the purpose of the offence, the potential consequences and "ripple effect", the potential harm to the victim, and the defendant's mitigation. However, in a 2018 case the Court of Final Appeal observed that, in view of the situation then prevailing in Hong Kong—including increased unrest and large-scale public demonstrations—deterrence and punishment must be emphasised when dealing with large-scale unlawful assemblies involving violence.