12 Aug 2024
HKSAR v. NG NGOI YEE MARGARET (吳靄儀) (D3)
- Citation
- [2024] HKCFA 24
- Court
- Court of Final Appeal
- Case number
- FACC2/2024
The Court refused to follow Ziegler and Abortion Services for Hong Kong purposes and held that the established Hong Kong framework governs constitutional challenges: courts assess rule and/or decision challenges using the Hysan proportionality test; there is no separate requirement to conduct an "operational proportionality" assessment for arrest, prosecution, conviction or sentence where the impugned law and any decision to object/enforce are constitutionally valid; the appeals are dismissed.