Hong Kong Case Law: Decisions & Judgments

Topic

Constitutionality of statute

Legal area

Court

2 Jun 2020

SECRETARY FOR JUSTICE v. LEUNG KWOK HUNG

Citation

[2020] HKCA 424
Court

Court of First Instance
Case number

HCMA520/2018

Section 3's absolute privilege for speech and debate does not extend to disorderly conduct that falls within s17(c); section 17(c)'s wording 'any person' and the statutory purpose demonstrate it applies to members and non-members alike; vesting penal jurisdiction in the courts via s17(c) is constitutional and does not offend separation of powers. The Magistrate's ruling to the contrary was erroneous and the case is remitted for trial to resume.
11 May 2015

KEEN LLOYD HOLDINGS LTD AND OTHERS v. COMMISSIONER OF CUSTOMS AND EXCISE AND ANOTHER

Citation

KEEN LLOYD HOLDINGS LTD AND OTHERS v. COMMISSIONER OF CUSTOMS AND EXCISE AND ANOTHER
Court

Court of First Instance
Case number

HCMP203/2015

The appeal was not premature; extension of time to comply with Order 59 Rule 5(1)(a) was justified in the interests of justice because the respondents had served the notice of appeal within time but were prevented from perfecting it by the withholding of sealing pending re-opening of relief; an extension until 7 days after the Court of Appeal's decision was ordered and costs of the summons were awarded in the cause.
23 Dec 2014

KEEN LLOYD HOLDINGS LTD AND OTHERS v. COMMISSIONER OF CUSTOMS AND EXCISE AND ANOTHER

Citation

KEEN LLOYD HOLDINGS LTD AND OTHERS v. COMMISSIONER OF CUSTOMS AND EXCISE AND ANOTHER
Court

Court of First Instance
Case number

HCAL82/2013

IEO s21(1) is unconstitutional insofar as it permits warrantless entry and search of immobile non-domestic premises without limiting language that it applies only when it is not practicable to obtain prior judicial authorization; where warrants were executed after an unreasonable delay (here 2–4 months) they had lapsed and were invalid; magistrates who issued s22 warrants for non-domestic premises acted without authority and those warrants must be quashed; dissemination of seized materials to Mainland Customs lacked statutory underpinning and was unlawful absent clear legislative power; only…
16 May 2002

PREM SINGH v. DIRECTOR OF IMMIGRATION

Citation

PREM SINGH v. DIRECTOR OF IMMIGRATION
Court

Court of Final Appeal
Case number

FAMV3/2002

Leave to appeal was granted because the questions identified — the constitutionality of para. 1(5)(b) of Schedule 1 to the Immigration Ordinance and the legal significance of short periods of imprisonment (including whether de minimis or substantiality principles apply) — were arguable and merited consideration by the Court of Final Appeal.

Hong Kong Case Law

SECRETARY FOR JUSTICE v. LEUNG KWOK HUNG

KEEN LLOYD HOLDINGS LTD AND OTHERS v. COMMISSIONER OF CUSTOMS AND EXCISE AND ANOTHER

KEEN LLOYD HOLDINGS LTD AND OTHERS v. COMMISSIONER OF CUSTOMS AND EXCISE AND ANOTHER

PREM SINGH v. DIRECTOR OF IMMIGRATION