13 Dec 2018
LEUNG KWOK HUNG v. SECRETARY FOR TRANSPORT AND HOUSING
- Citation
- [2018] HKCFI 2657
- Court
- Court of First Instance
- Case number
- HCAL1164/2018
On a purposive and contextual construction of the Basic Law the Ordinance, including Sections 5–6 deeming the Mainland Port Area as outside Hong Kong for CIQ purposes and applying Mainland law to non-reserved matters, is within the legislative competence of the HKSAR and consistent with the Basic Law; the NPCSC Decision is admissible as persuasive post-enactment material that resolves ambiguity in favour of constitutionality; leave to apply for judicial review granted but substantive challenges dismissed.