14 Aug 2009
LO HOM CHAU v. DIRECTOR OF MARINE
- Citation
- LO HOM CHAU v. DIRECTOR OF MARINE
- Court
- Court of First Instance
- Case number
- HCAL59/2009
Leave was granted only on grounds raising arguable questions of construction and statutory scope (ground 2 on whether reg 5(3) prohibits use of a Class C vessel for protest carried out by fishing, and ground 3 on whether the Director may consider external safety threats). Grounds asserting a duty to refer to the Central Government (ground 1), that reg 5(3) lacks extraterritorial effect (ground 4), and that constitutional rights extend to demonstrations outside Hong Kong (ground 5) were not reasonably arguable and were rejected. The Director may legitimately consider known facts and probabilit…