HKSAR v. LEUNG KWOK HUNG AND OTHERS

HKSAR v. LEUNG KWOK HUNG AND OTHERS

The court refused to certify the question as one of law of great and general public importance because whether there was tolerance by the authorities — and its effect on the reasonableness of the demonstration — is a factual matter inappropriate for certification to the Court of Final Appeal.

Citation
HKSAR v. LEUNG KWOK HUNG AND OTHERS
Parties
Respondent: HKSAR; 1st Appellant: LEUNG KWOK HUNG; 2nd Appellant: TSANG KIN SHING; 3rd Appellant: TO KWAN HANG, ANDREW; 4th Appellant: CHAN KWOK LEUNG; 5th Appellant: LI TAK WAH
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 January 2007
Case Number
HCMA335/2006
Procedural Posture
Magistracy Appeal / Appeal Judgment
Outcome
Certification refused; costs awarded to 5th appellant.
Legal Topics
Tolerance by Authorities, Reasonableness of Demonstration, Certification of Point of Law
Source Language
EN
Criminal Law Administrative Law Public Order Tolerance by Authorities Reasonableness of Demonstration Certification of Point of Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

HKSAR

Respondent

LEUNG KWOK HUNG

1st Appellant

TSANG KIN SHING

2nd Appellant

TO KWAN HANG, ANDREW

3rd Appellant

CHAN KWOK LEUNG

4th Appellant

LI TAK WAH

5th Appellant

Procedural Posture

Magistracy Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether tolerance by authorities affecting the reasonableness of a demonstration raises a point of law of great and general public importance
  2. 2 Whether the issue is a question of fact or law for certification to the Court of Final Appeal

Ratio Decidendi

The court refused to certify the question as one of law of great and general public importance because whether there was tolerance by the authorities — and its effect on the reasonableness of the demonstration — is a factual matter inappropriate for certification to the Court of Final Appeal.

Court Disposition

Certification refused; costs awarded to 5th appellant.

Orders

  • Declined to certify that the matter is a point of law of great and general public importance.
  • Costs of the appeal, including today's hearing, awarded to the 5th appellant in the sum of $16,602.