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Hong Kong Case Law

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Administrative law THREE WEEKLY LTD v. OBSCENE ARTICLES TRIBUNAL AND ANOTHER

THREE WEEKLY LTD v. OBSCENE ARTICLES TRIBUNAL AND ANOTHER

The Court of Appeal dismissed Three Weekly Limited’s appeals, holding that Obscene Articles Tribunal classification was administrative, not criminal, and that the tribunal acted within its powers.

  • Obscenity classification
  • Obscene articles tribunal procedures
  • Control of obscene and indecent articles ordinance (cap.390)
  • Bill of rights (article 10 and 11)
  • Basic law (article 35)
  • Standard of proof in administrative classification
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Constitutional and administrative law THE SUN NEWS PUBLISHER LTD AND ANOTHER v. COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AUTHORITY

THE SUN NEWS PUBLISHER LTD AND ANOTHER v. COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AUTHORITY

Court dismissed an appeal and judicial review challenging indecency classifications of newspaper articles, holding the Tribunal lawfully applied section 10 factors.

  • Indecency classification under statutory scheme
  • Freedom of expression vs public morality
  • Procedural fairness and right to cross-examine
  • Standards of morality and dominant effect
  • Admissibility of comparable classifications
  • Statutory interpretation of section 10 cap.390
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Administrative law WONG KAM KUEN v. THE COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AND ANOTHER

WONG KAM KUEN v. THE COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AND ANOTHER

Judicial review of an amusement game centre licence suspension succeeded after the court held the Commissioner lacked power for general moral censorship and the Appeal Board misallocated the burden of proof.

  • Judicial review
  • Ultra vires
  • Licensing conditions
  • Freedom of expression limitations
  • Obscenity/indecency jurisdiction
  • Statutory interpretation
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Criminal law THE ATTORNEY GENERAL OF HONG KONG v. I.P.P. INDUSTRIAL COmPARD LIMITED AND OTHERS

THE ATTORNEY GENERAL OF HONG KONG v. I.P.P. INDUSTRIAL COmPARD LIMITED AND OTHERS

Court of Appeal held sex manuals and synthetic male penises were indecent or obscene under Hong Kong ordinances, set aside the magistrate’s dismissal, and remitted the matter.

  • Obscene publications
  • Objectionable publications
  • Standards of decency
  • Community standards test
  • Freedom of expression
  • Obscene-publications
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Criminal law ATTORNEY GENERAL v. LAU KAI CHEUNG

ATTORNEY GENERAL v. LAU KAI CHEUNG

The High Court held that certified translations of extracts could suffice in an objectionable publications case, and that a full translation was not required unless the public good defence was raised.

  • Obscenity
  • Objectionable publications
  • Translation of evidence
  • Burden of proof
  • Public good defence
  • Case stated procedure
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.