Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Right to demonstrate
  • 15 Dec 2009

    HKSAR v. MATT JAMES PEARCE

    Citation
    HKSAR v. MATT JAMES PEARCE
    Court
    Court of First Instance
    Case number
    HCMA740/2009

    Recusal refused because a fair-minded informed observer would not conclude a real possibility of bias given differences between the prior case and the instant appeal and the role of a single judge on rehearing; the conviction was upheld because the appellant at times completely blocked Battery Path and, on the facts and in light of YEUNG May Wan, his obstruction exceeded the bounds of reasonable exercise of the right to demonstrate; the appropriate disposal of sentence was substitution of immediate imprisonment with 180 hours community service as a proportionate, constructive sanction.

  • 8 Jan 2007

    HKSAR V. PEARCE, MATT JAMES

    Citation
    HKSAR V. PEARCE, MATT JAMES
    Court
    Court of First Instance
    Case number
    HCMA635/2006

    The application for a certificate was dismissed because the claimed points were not arguable as questions of law of great and general public importance: the offences' ingredients are statutory and long established and the asserted constitutional challenge did not reach a tenable or arguable position given the requisite balance between public order and the right to demonstrate.