Hong Kong Case Law: Decisions & Judgments

Topic

Proportionality and necessity

Legal area

Court

2 Dec 2022

CHAN OI KWAN, one of the beneficiaries of the Estate of CHAN YUEN, deceased v CHAN FU WING, he administrator of the Estate of CHAN YUEN, deceased

Citation

[2022] HKCFI 3603
Court

Court of First Instance
Case number

HCMP2211/2019

Leave to appeal was refused because the judge’s costs decision was within lawful discretion: the judge applied the correct principles (global and itemised assessment), substantially reduced the claimed costs, addressed specific items complained of, and the applicant failed to demonstrate any error of law, failure to exercise discretion or a reasonable prospect of success on appeal.
15 Jan 2021

KWAN SIK JUNGARON AND ANOTHER v. COLLECTOR OF STAMP REVENUE

Citation

[2021] HKCFI 142
Court

Court of First Instance
Case number

HCAL2164/2020

The 11 applications for leave to apply for judicial review are dismissed because they are not reasonably arguable and have no realistic prospect of success: the BSD is not manifestly without reasonable foundation and satisfies the necessity proportionality inquiry in the context of a wide governmental margin of discretion, and the applicants also suffered substantial unexplained delay (over 5.5 years) such that no extension of time should be granted.
30 May 2018

香港特別行政區訴羅堪就

Citation

[2018] HKCFI 1172
Court

Court of First Instance
Case number

HCMA401/2016

The trial judge properly accepted the uncontradicted expert and police evidence that the ship's doors and escape routes were rendered effectively unusable to outside rescuers, thereby endangering persons aboard; the Director of Marine's written direction was lawfully made on reasonable safety grounds and met necessity and proportionality tests; claimed motives or protest purposes did not negate criminal liability or render the administrative restriction unconstitutional. Accordingly convictions and sentence were upheld.
8 Jul 2005

LEUNG KWOK HUNG AND OTHERS v. HKSAR

Citation

LEUNG KWOK HUNG AND OTHERS v. HKSAR
Court

Court of Final Appeal
Case number

FACC2/2005

Majority held that the Commissioners statutory discretion to restrict public processions for the purpose of 'public order (ordre public)' in ss.14(1), 14(5) and 15(2) is constitutionally deficient under the 'prescribed by law' requirement because 'ordre public' is overly wide and insufficiently circumscribed for executive discretion; the appropriate remedy is severance of the concept into a constitutionally certain 'public order' (law-and-order sense) which remains valid; the notification regime is constitutional; the Commissioner must apply a proportionality test and give adequate reasons;…
10 Nov 2004

HKSAR v. LEUNG KWOK HUNG AND OTHERS

Citation

HKSAR v. LEUNG KWOK HUNG AND OTHERS
Court

Court of First Instance
Case number

HCMA16/2003

By majority the Court held that the notification and objection/conditions scheme in sections 13–15 of the Public Order Ordinance is constitutional: the limiting terms replicate Article 21 ICCPR and, properly construed and read with statutory interpretive provisions and available judicial remedies, are sufficiently precise and flexible rather than impermissibly vague; the government bore the burden to justify necessity and the Court found the scheme rational and proportionate in aim and effect; accordingly section 17A and the offence convictions based on failure to notify were upheld (appeals…
9 Sept 1994

R. v. TO KWAN HANG AND ANOTHER

Citation

R. v. TO KWAN HANG AND ANOTHER
Court

Court of First Instance
Case number

HCMA945/1993

Section 18(1) of the Public Order Ordinance is consistent with Article 17 of the Hong Kong Bill of Rights; the police cordon was lawfully established under the Police Force Ordinance s.10 and was a proportionate and necessary measure to preserve public peace; the appellants actively participated in a rush on the cordon and their conduct satisfied the statutory requirement of being likely to cause a reasonable person to fear a breach of the peace; convictions are therefore upheld.

Hong Kong Case Law

CHAN OI KWAN, one of the beneficiaries of the Estate of CHAN YUEN, deceased v CHAN FU WING, he administrator of the Estate of CHAN YUEN, deceased

KWAN SIK JUNGARON AND ANOTHER v. COLLECTOR OF STAMP REVENUE

香港特別行政區 訴 羅堪就

LEUNG KWOK HUNG AND OTHERS v. HKSAR

HKSAR v. LEUNG KWOK HUNG AND OTHERS

R. v. TO KWAN HANG AND ANOTHER

香港特別行政區訴羅堪就