23 Mar 2022
TAM SZE LEUNG AND OTHERS v. COMMISSIONER OF POLICE
- Citation
- [2022] HKCFI 772
- Court
- Court of First Instance
- Case number
- HCAL191/2021
The Court held that the No Consent Regime as operated by the Commissioner was unlawful: it was ultra vires sections 25 and 25A OSCO, not otherwise prescribed by law, and disproportionately interfered with constitutional rights (Basic Law arts 6 and 105). The Court granted a declaration to that effect, permitted amendment of the originating Form 86, and ordered the Commissioner to pay the Applicants' costs, to be taxed if not agreed, with a certificate for three Counsel (with the costs of the relief-and-costs argument limited to a certificate for two Counsel).