Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Suspension of declaration of unconstitutionality

Legal area

Court

23 Jan 2009

OCEAN TECHNOLOGY LTD t/a CITIZENS\' RADIO AND ANOTHER v. SECRETARY FOR JUSTICE

Citation

OCEAN TECHNOLOGY LTD t/a CITIZENS\' RADIO AND ANOTHER v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL17/2008

A magistrate has an implied power, and alternatively may rely on MO s.20(1), to suspend the effect of his determination that a law is unconstitutional pending appeal where necessary for the proper administration of justice; such suspensions are reviewable for reasonableness and proportionality.
12 Jul 2006

KOO SZE YIU AND ANOTHER v. CHIEF EXECUTIVE OF THE HKSAR

Citation

KOO SZE YIU AND ANOTHER v. CHIEF EXECUTIVE OF THE HKSAR
Court

Court of Final Appeal
Case number

FACV12/2006

The Court set aside the temporary validity order and substituted suspension of the declarations of unconstitutionality for six months from 9 February 2006; the judiciary has inherent power to suspend declarations where necessary to avert danger and preserve the rule of law, but temporary validity (with a shield from liability) was unjustified here; suspension permits government to function while not absolving it of legal liability.