Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Equality rights
  • 12 Mar 2021

    HKSAR v. CHAN LOK MAN, NORMAN

    Citation
    [2021] HKDC 240
    Court
    District Court
    Case number
    DCCC763/2020

    The Court held that the remedial interpretation given by the courts (notably the Court of Appeal in Yeung Ho Nam) is binding and has rendered s118C Basic Law- and BOR-compliant by reading down the maximum sentence to 5 years for buggery with a boy aged 13–15 and life only where the victim is under 13; accordingly each charged offence was not punishable by life, the magistrate validly transferred the charges to the District Court, and the prosecution's application to transfer to the Court of First Instance was unnecessary and refused as not in the interests of justice.

  • 3 Jan 2019

    MK v. GOVERNMENT OF HKSAR

    Citation
    [2019] HKCFI 55
    Court
    Court of First Instance
    Case number
    HCAL1077/2018

    The court ordered that MK's application, being the most advanced and likely determinative on the principal issues, proceed to substantive hearing first; TF and STK were granted leave to apply for judicial review but their proceedings were stayed pending the outcome of MK at first instance because MK's determination would likely have a critical impact on those cases.