8 Dec 2023
HKSAR v. LAI CHEE YING AND OTHERS
- Citation
- [2023] HKCA 1340
- Court
- Court of Appeal
- Case number
- CACC84/2021
The Court refused certification on questions that are fact-dependent or precluded by existing binding authority (Leung Kwok Hung 2005). It held that the ordinary meaning of 'organizing' is factual and not a freestanding point suitable for certification. It granted a limited certificate on whether and in what circumstances the Court should follow the persuasive reasoning in DPP v Ziegler to conduct an operational proportionality assessment. The Court denied D1 any costs for trial, appeal or these applications.