Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Chilling effect

Legal area

Court

23 Aug 2023

SECRETARY FOR JUSTICE v. PERSONS CONDUCTING THEMSELVES IN ANY OF THE ACTS PROHIBITED UNDER PARAGRAPH 1(a), (b), (c) OR (d) OF THE INDORSEMENT OF CLAIM

Citation

[2023] HKCFI 2148
Court

Court of First Instance
Case number

HCA855/2023

Leave to appeal was granted in part because the matters raised involved questions of law and the interests of justice given the national security context under s.14AA(4); specifically leave was granted on Grounds 1,2,3,4(7),5 and part of 7 as arguable legal issues, while other grounds were denied where no proper basis for leave or where issues were procedural or unsupported by the record.
28 Jul 2023

SECRETARY FOR JUSTICE v. PERSONS CONDUCTING THEMSELVES IN ANY OF THE ACTS PROHIBITED UNDER PARAGRAPH 1(a), (b), (c) OR (d) OF THE INDORSEMENT OF CLAIM

Citation

[2023] HKCFI 1950
Court

Court of First Instance
Case number

HCA855/2023

The application was dismissed because the Court was not satisfied the interlocutory injunction would be of real utility beyond the existing criminal law regime and there was a real risk the civil injunction would conflict with or undermine statutory criminal procedures under the NSL and other ordinances, while posing unacceptable uncertainty and chilling effects on freedom of expression; therefore it was not just and convenient to grant the exceptional contra mundum relief.