23 Mar 1999
HKSAR v. NG KUNG SIU AND ANOTHER
- Citation
- HKSAR v. NG KUNG SIU AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMA563/1998
Sections 7 of the National Flag and National Emblem Ordinance and the Regional Flag and Regional Emblem Ordinance are inconsistent with Article 19 of the ICCPR as applied by Basic Law Article 39 and the prosecution failed to show the criminalisation of flag desecration was necessary for protection of public order; the magistrate's reliance on the mere possibility of hostile reaction and judicial notice of a 'sacred' status was insufficient and unreliable, therefore convictions must be quashed.