12 Aug 2024
HKSAR v. LAI CHEE YING (黎智英) (D1)
- Citation
- [2024] HKCFA 24
- Court
- Court of Final Appeal
- Case number
- FACC6/2024
The Court held that Hong Kong should not follow Ziegler or Abortion Services; constitutional challenges must proceed via established rule/decision challenge stages applying the Hysan proportionality test; there is no freestanding requirement to conduct separate operational proportionality assessments of arrest, prosecution, conviction or sentence where the underlying law and decisions are constitutionally secure; the defendants' appeals are dismissed.