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;…