5 Mar 2024
HKSAR v. NG NGOI YEE MARGARET (吳靄儀) (D3)
- Citation
- [2024] HKCFA 4
- Court
- Court of Final Appeal
- Case number
- FAMC26/2023
Leave to appeal was granted only on the certified question concerning whether and in what circumstances the court should conduct an operational proportionality assessment; all other leave applications were refused because (a) the meaning of "organizing" cannot be expanded from Flockhart beyond its facts and the evidence did not support organizing convictions; (b) the trial judge's factual findings that the event was a prohibited procession and not a dispersal were compelling and unassailable on appeal; (c) systemic proportionality challenges to s17A(3) are not reasonably arguable given prior…