Hong Kong Case Law: Decisions & Judgments

Topic

Freedom of association

Legal area

Court

18 Sept 2014

CHAU TSUN KIU v. SECRETARY FOR JUSTICE

Citation

CHAU TSUN KIU v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL112/2012

The impugned provisions do not amount to direct or indirect discrimination under BL25/26 or BOR21(b)/22 because they confer equal statutory entitlements on all candidates; any unequal practical exposure results from other candidates' voluntary decisions not from the statutory scheme and therefore the requisite effective causal link between political view/status and the disadvantage is absent; consequently the provisions are constitutional.
28 Dec 2007

THE DEMOCRATIC PARTY v. THE SECRETARY FOR JUSTICE

Citation

THE DEMOCRATIC PARTY v. THE SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL84/2006

The court exercised its discretion and ordered costs to follow the event because the applicant's litigation was primarily instituted to protect its own private interests (preventing intrusion on its members and stemming loss of membership) rather than being predominantly public interest litigation; accordingly the exceptional public interest basis for public funding of costs did not apply.
21 May 2007

THE DEMOCRATIC PARTY v. THE SECRETARY FOR JUSTICE

Citation

THE DEMOCRATIC PARTY v. THE SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL84/2006

Section 98, read purposively and in light of constitutional rights, does not in itself breach the Basic Law or Bill of Rights when applied to an incorporated political party that chose incorporation and exercises corporate/commercial powers; courts possess discretion under s.98(4) to refuse abusive inspection requests, and on proportionality grounds the statutory regime strikes a fair balance between transparency/third-party protection and members' associative/privacy rights.
20 Jan 2003

NG SIK LING v. COMMISSIONER OF POLICE AND ANOTHER

Citation

NG SIK LING v. COMMISSIONER OF POLICE AND ANOTHER
Court

Court of First Instance
Case number

HCAL3868/2001

The tribunal lawfully and reasonably found the applicant associated with a known triad personality within the purposive meaning of 'associate' in GPO 01(2); order 01(2) is compatible with the Bill of Rights (arts 14 and 18); the recorded interviews were admissible in disciplinary proceedings and did not breach natural justice; and the compulsory retirement penalty with deferred benefits was within a rational range, so the judicial review application is dismissed.

Hong Kong Case Law

CHAU TSUN KIU v. SECRETARY FOR JUSTICE

THE DEMOCRATIC PARTY v. THE SECRETARY FOR JUSTICE

THE DEMOCRATIC PARTY v. THE SECRETARY FOR JUSTICE

NG SIK LING v. COMMISSIONER OF POLICE AND ANOTHER