19 Nov 2018
CHEUNG TAK WING v. DIRECTOR OF ADMINISTRATION
- Citation
- [2018] HKCFI 2557
- Court
- Court of First Instance
- Case number
- HCAL136/2014
The court held that the constitutional rights to freedom of expression and peaceful assembly were engaged in relation to the Forecourt; the Permission Scheme failed the proportionality limb because its blanket bans on weekdays and Saturdays and the requirement for permission regardless of manner or numbers were not no more than necessary to protect government operational interests; the Scheme was also legally tainted by being premised on an incorrect private property justification, rendering it unlawful; accordingly the applicant succeeded on proportionality and illegality grounds.