Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Legal certainty (prescribed by law)

Legal area

Court

31 Aug 2018

CHEE FEE MING v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE AND ANOTHER

Citation

[2018] HKCFI 2031
Court

Court of First Instance
Case number

HCAL73/2013

Section 104A(1)(b), as applied to banners displayed with a degree of permanence and habitual regularity at demonstrators' sites, failed the 'prescribed by law' requirement because the statute contains no criteria or accessible legal guidance limiting the Director's discretion and thus did not afford adequate protection against arbitrary interference with freedoms of expression, assembly and demonstration; accordingly decisions taken under s104C(1) premised on s104A were quashed. The proportionality challenge was not decided on the merits given evidential gaps and the successful legal certaint…
23 Feb 2012

WINNIE LO v. HKSAR

Citation

WINNIE LO v. HKSAR
Court

Court of Final Appeal
Case number

FACC2/2011

The court held that maintenance and champerty are sufficiently certain to be constitutionally valid, but quashed the appellant's conviction because the evidence did not support an irresistible inference that a solicitor who acted in a professional capacity knowingly conspired to commit maintenance or abetted champerty; convictions cannot rest on mischaracterisations of proper professional conduct or on inferences drawn from irrelevant or exculpatory facts.