Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Administrative instructions

Legal area

Court

2 Apr 2019

HKSAR v. YIP PO LAM (葉寶琳), WONG KAN YUEN (黃根源)

Citation

[2019] HKCFA 13
Court

Court of Final Appeal
Case number

FAMC54/2018

Applications for leave to appeal were dismissed because none of the points raised were reasonably arguable: AI s11 is directed to legitimate aims and satisfies the proportionality test; conviction under s20(b)/AI s11 does not require proof of actual disruption nor both a failure to behave and a failure to comply with directions; and bail jurisdiction under s34 HKCFAO does not arise until an applicant takes the procedural step to apply for leave to appeal.
1 Feb 2018

HKSAR v. LEUNG HIU YEUNG

Citation

[2018] HKCFA 2
Court

Court of Final Appeal
Case number

FACC5/2017

A police officer who is on duty within the precincts of the Chamber falls within the statutory definition of an "officer of the Council" in s2(1) LC(PP)O without requiring a prior invitation by the President; police may lawfully enter to perform ordinary policing duties and, when assisting enforcement of Administrative Instructions and directions to keep order, are acting in the execution of their duty so that obstruction attracts liability under s19(b); accordingly the appellant's conviction under s19(b) is upheld.