Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interim classification

Legal area

Court

21 Oct 2008

TONG SAI HO v. OBSCENE ARTICLES TRIBUNAL

Citation

TONG SAI HO v. OBSCENE ARTICLES TRIBUNAL
Court

Court of First Instance
Case number

HCAL101/2007

The Tribunal unlawfully failed to apply the substantive statutory criteria in Section 10 by treating submissions that comprised multiple distinct articles as single articles and failed to record the identification of the indecent parts as required by Section 14(3)(c); those interim classifications were therefore invalid and were quashed, though the notice under Section 19 need not itself contain the identification or reasons.
21 Oct 2008

MING PAO NEWSPAPERS LTD v. OBSCENE ARTICLES TRIBUNAL

Citation

MING PAO NEWSPAPERS LTD v. OBSCENE ARTICLES TRIBUNAL
Court

Court of First Instance
Case number

HCAL96/2007

Interim classifications in the identified matters were quashed because the Tribunal failed to apply s.10 guidance and substantive statutory requirements: it incorrectly treated submissions comprising multiple distinct articles as single articles and failed to make a manifest identification of the part(s) causing indecency/obscenity as required by s.14(3)(c); the non‑statutory records did not evidence proper deliberation or identification by a majority, rendering the interim classifications void.