8 Jul 2005
LEUNG KWOK HUNG AND OTHERS v. HKSAR
- Citation
- LEUNG KWOK HUNG AND OTHERS v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC1/2005
The Commissioner's statutory discretion to restrict public processions for the purpose of 'public order (ordre public)' is insufficiently precise and therefore fails the constitutional 'prescribed by law' requirement; the proper remedy is severance of the broader 'ordre public' element leaving the narrower law-and-order concept of 'public order' (maintenance of public order/prevention of public disorder) in ss.14(1), 14(5) and 15(2). After severance the discretion limited to 'public order' satisfies constitutional requirements including necessity/proportionality. The statutory notification re…