Hong Kong Case Law: Decisions & Judgments

Topic

Freedom of expression proportionality

Legal area

Court

4 Jul 2025

LAI CHEUK YIN v. MARGARET CHEUNG WAI FONG AND ANOTHER

Citation

[2025] HKCFI 2563
Court

Court of First Instance
Case number

HCAL631/2025

Regulation 7.2, read purposively with Regulation 4.1, limits candidates to the authorised promotion channels (publication of vetted autobiographical details and an election forum) to ensure fairness and oversight; the Election Officer's interpretation was reasonable and not ultra vires; denial of an opportunity to make out an arguable alternative interpretation did not create a real risk of injustice on the facts; restrictions on promotion were proportionate; consequently the judicial review challenge fails and the application is dismissed.
8 May 2024

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

[2024] HKCA 442
Court

Court of Appeal
Case number

CACV274/2023

The Court of Appeal held that a civil interlocutory injunction in aid of the criminal law may be granted to safeguard national security where, after giving due deference to executive national security assessments (and accepting a binding NSL s47 certificate where present), the court itself concludes the injunction is necessary and of real utility to assist the criminal regime; applying that test to the facts the court granted a contra mundum interlocutory injunction (with clear scope, exceptions for lawful academic/news activity and liberty to apply) because prosecutions alone were insufficie…

Hong Kong Case Law

LAI CHEUK YIN v. MARGARET CHEUNG WAI FONG AND ANOTHER

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