Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Ordre public

Legal area

Court

4 Oct 2017

HKSAR v. FONG KWOK SHAN CHRISTINE

Citation

HKSAR v. FONG KWOK SHAN CHRISTINE
Court

Court of Final Appeal
Case number

FACC2/2017

Freedom of expression is applicable to exercise in the LegCo public gallery and any denial constitutes a restriction that must be justified under BOR16; AI section 11, read in its statutory context and construed purposively, is sufficiently certain to be 'prescribed by law'; AI section 12, properly construed, is not a blanket prohibition but targets intrusive or disorderly displays and is a proportionate restriction necessary to protect the rights of others and ordre public in the legislative setting; accordingly the convictions and fines were upheld and the appeal dismissed.
10 Nov 2014

HKSAR v. KOO SZE YIU AND ANOTHER

Citation

HKSAR v. KOO SZE YIU AND ANOTHER
Court

Court of Final Appeal
Case number

FAMC40/2014

The Appeal Committee held that s7 of the RFREO does not interfere with the right to hold opinions (Article 16(1)); the provision restricts only a mode of expression and therefore engages freedom of expression which Ng Kung Siu correctly held can be justified under Article 16(3) by reference to ordre public; there was no material change in circumstances or error of law warranting departure from Ng Kung Siu; applications for leave were dismissed and costs ordered against the applicants.