Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Proportionality/minimal impairment

Legal area

Court

18 Dec 2015

CHINA INTERNATIONAL FUND LTD v. DENNIS LAU & NG CHUN MAN ARCHITECTS & ENGINEERS (HK) LTD

Citation

CHINA INTERNATIONAL FUND LTD v. DENNIS LAU & NG CHUN MAN ARCHITECTS & ENGINEERS (HK) LTD
Court

Court of First Instance
Case number

HCMP2472/2014

The Court held there was no reasonably arguable constitutional challenge to s81(4) of the Arbitration Ordinance; s81(4) is compatible with Article 82 and falls within a range of reasonable options under the minimal impairment test; accordingly leave to appeal to the Court of Final Appeal was refused and the motion dismissed.
5 Nov 2015

OFFICIAL RECEIVER v. ZHI CHARLES, formerly known as CHANG HYUN CHI AND ANOTHER

Citation

OFFICIAL RECEIVER v. ZHI CHARLES, formerly known as CHANG HYUN CHI AND ANOTHER
Court

Court of Final Appeal
Case number

FACV8/2015

Section 30A(10)(a) is unconstitutional because it imposes a disproportionate impairment of the constitutional right to travel: it operates indiscriminately to prevent commencement of the automatic discharge period regardless of innocent reasons or cooperation, affords no judicial discretion or tailored exceptions, fails the minimal impairment requirement and is indistinguishable in its disproportionate effects from s30A(10)(b)(i) as rejected in Chan Wing Hing.