Hong Kong Case Law: Decisions & Judgments

Topic

Lawful authority and reasonable excuse

Legal area

Court

5 Mar 2024

HKSAR v. NG NGOI YEE MARGARET (吳靄儀) (D3)

Citation

[2024] HKCFA 4
Court

Court of Final Appeal
Case number

FAMC26/2023

Leave to appeal was granted only on the certified question concerning whether and in what circumstances the court should conduct an operational proportionality assessment; all other leave applications were refused because (a) the meaning of "organizing" cannot be expanded from Flockhart beyond its facts and the evidence did not support organizing convictions; (b) the trial judge's factual findings that the event was a prohibited procession and not a dispersal were compelling and unassailable on appeal; (c) systemic proportionality challenges to s17A(3) are not reasonably arguable given prior…
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.
28 Nov 1997

HKSAR v. CHEUNG SIU TONG

Citation

HKSAR v. CHEUNG SIU TONG
Court

Court of Appeal
Case number

CACC466/1997

Although the Judge was mistaken in referring to s.24 POBO, the court found the prosecution had established beyond reasonable doubt the elements of the offence under s.8(2) and the Judge properly rejected the applicant's explanation on credibility; the misapprehension was a material irregularity but did not cause a miscarriage of justice, and the proviso in s.83(1) CPO justified upholding the convictions.
2 May 1975

NGAN LUN YAN v. THE QUEEN

Citation

NGAN LUN YAN v. THE QUEEN
Court

Court of Appeal
Case number

CACC212/1975

s.9(2) of the Prevention of Bribery Ordinance prohibits offering or giving an advantage to an agent as an inducement to show or forbear to show favour or disfavour to a principal even where the end sought is legitimate; lawful authority to permit such conduct must come from the agent's employer; 'expediting' a claim is within the scope of 'showing favour'.

Hong Kong Case Law

HKSAR v. NG NGOI YEE MARGARET (吳靄儀) (D3)

HKSAR v. LAI CHEE YING AND OTHERS

HKSAR v. CHEUNG SIU TONG

NGAN LUN YAN v. THE QUEEN