18 May 2021
HUNG SHUI FUNG v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE AND ANOTHER
- Citation
- [2021] HKCFA 16
- Court
- Court of Final Appeal
- Case number
- FAMV214/2020
Leave to appeal was refused because the applicants failed to show a reasonably arguable case: the Court of Appeal's purposive construction that s.104A(1)(b) covers bills and posters displayed with a degree of permanence and habitual regularity (attended or unattended) is sensible; the applicants' construction excluding attended demonstrators' banners was not reasonably arguable; and the proportionality and legal-certainty challenges (including content-screening/unfettered discretion) were not reasonably arguable on the material before the court given statutory purpose and available safeguards.