21 Jun 2012
LEUNG KWOK HUNG v. SECRETARY FOR JUSTICE
- Citation
- LEUNG KWOK HUNG v. SECRETARY FOR JUSTICE
- Court
- Court of First Instance
- Case number
- HCAL54/2012
Applying a proportionality test the court found s39(1)(b)(i) disproportionate as applied to persons who have been sentenced to terms of imprisonment of 3 months or less and are on bail pending appeal; the provision lacks a rational connection and is not proportionate to the legitimate aims relied upon and is therefore inconsistent with Article 26 and 39 of the Basic Law and Article 21 of the BoR, and a declaration to that effect was granted.