Hong Kong Case Law: Decisions & Judgments

Topic

Unauthorized assembly

Legal area

Court

5 Mar 2024

HKSAR v. LAI CHEE YING (黎智英) AND OTHERS

Citation

[2024] HKCFA 4
Court

Court of Final Appeal
Case number

FAMC24/2023

Leave to appeal was granted only in respect of the certified question(s) concerning whether and in what circumstances the court should carry out an operational proportionality assessment under s17A(3)(a); the HKSAR's attempt to re‑characterise leading a procession as 'organizing' was not reasonably arguable because Flockhart is fact‑specific and 'organize' must be determined on the facts; factual findings that the conduct was a prohibited procession (not a dispersal) were compelling and not reasonably arguable to overturn; systemic proportionality and SGI grounds were refused and D4's sentenc…
5 Mar 2024

HKSAR v. HO CHUN YAN (何俊仁) (D6), LEE CHU MING MARTIN (李柱銘) (D8)

Citation

[2024] HKCFA 4
Court

Court of Final Appeal
Case number

FAMC28/2023

Leave to appeal was granted only on the certified question concerning whether the Court should assess operational proportionality before conviction (for specified applicants); all other leave applications including the HKSAR's attempt to reinstate 'organizing' convictions, dispersal/other defenses, systemic proportionality challenges and D4's sentence appeal were refused as not reasonably arguable or not meeting the substantial and grave injustice threshold.
19 Jan 2023

HKSAR v. CHOW HANG TUNG

Citation

[2023] HKCFI 226
Court

Court of First Instance
Case number

HCMA51/2022

The Court certified that the two framed points of law are of great and general importance and accordingly issued a certificate under section 32 Cap.484 authorising leave to appeal on those points.
20 Apr 2022

香港特別行政區訴譚得志

Citation

[2022] HKDC 343
Court

District Court
Case number

DCCC930/2020

Court fixed individual starting points for each category of offending, treated certain groups of offences as concurrent to apply totality, and increased weight for aggravating factors (leadership role, use of youth, contempt for law, offending while on bail, offences after NSL); absence of genuine mitigation and lack of remorse justified a punitive and deterrent aggregate sentence of 40 months imprisonment plus a fine of HKD 5,000.
20 Apr 2022

香港特別行政區訴譚得志

Citation

[2022] HKDC 343
Court

District Court
Case number

DCCC928/2020

Court found the offences, committed in the context of major public disorder and including reoffending while on bail and after the National Security Law, warranted immediate custodial sentences. The court fixed individual terms (Count 1: 2 years; seven seditious counts aggregated to 21 months with specified concurrency; Count 6: 18 months with partial concurrency; Count 3: 1 month concurrent; Count 8: fine HKD5000) and applied concurrency/totality adjustments to an effective total sentence of 40 months imprisonment and a fine of HKD5000; mitigation claims (religion, education, political motive…
29 Jun 2021

HKSAR v. SHUM LESTER AND ANOTHER

Citation

[2021] HKCA 943
Court

Court of Appeal
Case number

CACC101/2021

Bail pending appeal was refused because the applicants, as public figures who took frontline roles in a mass prohibited gathering during a serious public health emergency, posed substantial public health and public order risks; their culpability and the need for deterrence justified immediate custodial sentences, and they failed to satisfy either the merits or time limb for bail.
2 Dec 2020

HKSAR v. TAM TAK CHI

Citation

[2020] HKDC 1153
Court

District Court
Case number

DCCC928/2020

To avoid potential ultra vires consequences and collateral judicial review challenges and because assignment and listing are administrative functions of the Judiciary, the listing judge must list the substantive jurisdictional argument before a designated judge; the decision does not decide the applicability of the National Security Law and leaves the substantive construction to the designated judge.

Hong Kong Case Law

HKSAR v. LAI CHEE YING (黎智英) AND OTHERS

HKSAR v. HO CHUN YAN (何俊仁) (D6), LEE CHU MING MARTIN (李柱銘) (D8)

HKSAR v. CHOW HANG TUNG

香港特別行政區 訴 譚得志

香港特別行政區 訴 譚得志

HKSAR v. SHUM LESTER AND ANOTHER

HKSAR v. TAM TAK CHI

香港特別行政區訴譚得志

香港特別行政區訴譚得志