10 Nov 2004
HKSAR v. LEUNG KWOK HUNG AND OTHERS
- Citation
- HKSAR v. LEUNG KWOK HUNG AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMA16/2003
By majority the Court held that the notification and objection/conditions scheme in sections 13–15 of the Public Order Ordinance is constitutional: the limiting terms replicate Article 21 ICCPR and, properly construed and read with statutory interpretive provisions and available judicial remedies, are sufficiently precise and flexible rather than impermissibly vague; the government bore the burden to justify necessity and the Court found the scheme rational and proportionate in aim and effect; accordingly section 17A and the offence convictions based on failure to notify were upheld (appeals…