Secretary for Justice v. Cheung Kai Yin

Read the full judgment text of CACV 69/2016 on BabelCite. This Court of Appeal judgment was delivered on 1 August 2016.

Case No.CACV 69/2016
Court
Court of Appeal
Date01 Aug 2016
Judge
Case Document
100%Judiciary

CACV 69 to 75/2016,
CACV 77 to 89/2016,
CACV 125 to 131/2016 and
CACV 133 to 135/2016
(Heard together)

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 69 OF 2016

(ON APPEAL FROM HCMP NO 777 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  CHEUNG KAI YIN Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 70 OF 2016

(ON APPEAL FROM HCMP NO 779 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  MA PO KWAN Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 71 OF 2016

(ON APPEAL FROM HCMP NO 781 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  SHUM LESTER Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 72 OF 2016

(ON APPEAL FROM HCMP NO 789 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  HUNG CHEUK LUN Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 73 OF 2016

(ON APPEAL FROM HCMP NO 793 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  SZETO TZE LONG JASON Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 74 OF 2016

(ON APPEAL FROM HCMP NO 794 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  WONG LAI WAN Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 75 OF 2016

(ON APPEAL FROM HCMP NO 797 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  YEUNG HO WAH Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 77 OF 2016

(ON APPEAL FROM HCMP NO 783 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  CHIU CHI SUM (趙志深) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 78 OF 2016

(ON APPEAL FROM HCMP NO 784 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  CHAN PO YING (陳寶瑩) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 79 OF 2016

(ON APPEAL FROM HCMP NO 788 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  KWAN SIU WANG (關兆宏) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 80 OF 2016

(ON APPEAL FROM HCMP NO 791 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  FUNG KAI HEI (馮啟禧) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 81 OF 2016

(ON APPEAL FROM HCMP NO 796 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  MAK YING SHEUNG (麥盈湘) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 82 OF 2016

(ON APPEAL FROM HCMP NO 798 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  WONG HO MING (黃浩銘) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 83 OF 2016

(ON APPEAL FROM HCMP NO 774 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  CHAU WAN YING (周蘊瑩) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 84 OF 2016

(ON APPEAL FROM HCMP NO 776 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  CHU WAI LUN (朱緯圇) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 85 OF 2016

(ON APPEAL FROM HCMP NO 778 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  CHU PUI YAN (朱佩欣) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 86 OF 2016

(ON APPEAL FROM HCMP NO 780 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  KWOK YEUNG YUK (郭陽煜) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 87 OF 2016

(ON APPEAL FROM HCMP NO 787 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  CHEUNG KAI HONG (張啟康) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 88 OF 2016

(ON APPEAL FROM HCMP NO 792 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  CHOI TAT SHING (蔡達誠) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 89 OF 2016

(ON APPEAL FROM HCMP NO 795 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  WONG CHI FUNG (黃之鋒) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 125 OF 2016

(ON APPEAL FROM HCMP NO 2922 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  CHAN WAI FUNG Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 126 OF 2016

(ON APPEAL FROM HCMP NO 2923 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  AU YUK KWAN Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 127 OF 2016

(ON APPEAL FROM HCMP NO 2926 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  WONG KA YEE Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 128 OF 2016

(ON APPEAL FROM HCMP NO 2928 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  CHAN AO TIEN (陳遨天) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 129 OF 2016

(ON APPEAL FROM HCMP NO 2929 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  CHAN PAK TAO (陳柏陶) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 130 OF 2016

(ON APPEAL FROM HCMP NO 2931 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  LOU TIT MAN (劉鐵民) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 131 OF 2016

(ON APPEAL FROM HCMP NO 2932 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  LEUNG HON LAM (梁翰林) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 133 OF 2016

(ON APPEAL FROM HCMP NO 2917 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  SIEW YUN LONG (蕭雲龍) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 134 OF 2016

(ON APPEAL FROM HCMP NO 2920 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  LAW WAI YAN (羅慧茵) Respondent
(Appellant)

_______________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 135 OF 2016

(ON APPEAL FROM HCMP NO 2921 of 2015)

________________________

BETWEEN

  SECRETARY FOR JUSTICE Applicant
(Respondent)
  and
  CHAN JEFFREY (陳子勳) Respondent
(Appellant)

_______________________

Before: Hon Cheung CJHC, Yeung and Lam VPP in Court
Date of Hearing: 19 July 2016
Date of Supplemental Submissions of the Respondents (Appellants): 29 July 2016
Date of Judgment: 1 August 2016
Date of Corrigendum: 1 September 2016

________________________

CORRIGENDUM

________________________

Please note the following corrigenda in the Judgment dated 1 August 2016:-

Page17, paragraph 7, 2nd line:

“Section 12(1)” should read“Section 12(2)”.

Page17, paragraph 7, 3rd line:

“Section 12(2)” should read“Section 12(3)”.

Dated this 1st day of September 2016

  (Connie Au Yeung)
  Clerk to Hon Lam VP

Other Judgments in This Case

Further hearings and rulings under CACV 69/2016

Secretary for Justice v. Cheung Kai Yin
Court of Appeal01 Aug 2016
Secretary for Justice v. Ma Po Kwan
Court of Appeal01 Aug 2016
Secretary for Justice v. Shum Lester
Court of Appeal01 Aug 2016
Secretary for Justice v. Hung Cheuk Lun
Court of Appeal01 Aug 2016
Secretary for Justice v. Szeto Tze Long Jason
Court of Appeal01 Aug 2016
Secretary for Justice v. Wong Lai Wan
Court of Appeal01 Aug 2016
Secretary for Justice v. Yeung Ho Wah
Court of Appeal01 Aug 2016
Secretary for Justice v. Chiu Chi Sum
Court of Appeal01 Aug 2016
Secretary for Justice v. Chan Po Ying
Court of Appeal01 Aug 2016
Secretary for Justice v. Kwan Siu Wang
Court of Appeal01 Aug 2016
Secretary for Justice v. Fung Kai Hei
Court of Appeal01 Aug 2016
Secretary for Justice v. Mak Ying Sheung
Court of Appeal01 Aug 2016
Secretary for Justice v. Wong Ho Ming
Court of Appeal01 Aug 2016
Secretary for Justice v. Chau Wan Ying
Court of Appeal01 Aug 2016
Secretary for Justice v. Chu Wai Lun
Court of Appeal01 Aug 2016
Secretary for Justice v. Kwok Yeung Yuk
Court of Appeal01 Aug 2016
Secretary for Justice v. Cheung Kai Hong
Court of Appeal01 Aug 2016
Secretary for Justice v. Choi Tat Shing
Court of Appeal01 Aug 2016
Secretary for Justice v. Wong Chi Fung
Court of Appeal01 Aug 2016
Secretary for Justice v. Chan Wai Fung
Court of Appeal01 Aug 2016
Secretary for Justice v. Au Yuk Kwan
Court of Appeal01 Aug 2016
Secretary for Justice v. Wong Ka Yee
Court of Appeal01 Aug 2016
Secretary for Justice v. Chan Ao Tien
Court of Appeal01 Aug 2016
Secretary for Justice v. Chan Pak Tao
Court of Appeal01 Aug 2016
Secretary for Justice v. Lou Tit Man
Court of Appeal01 Aug 2016
Secretary for Justice v. Leung Hon Lam
Court of Appeal01 Aug 2016
Secretary for Justice v. Siew Yun Long
Court of Appeal01 Aug 2016
Secretary for Justice v. Law Wai Yan
Court of Appeal01 Aug 2016
Secretary for Justice v. Chan Jeffrey
Court of Appeal01 Aug 2016
Secretary for Justice v. Chu Pui Yan
Court of Appeal01 Aug 2016
Secretary for Justice v. Cheung Kai Yin
Court of Appeal
Full analysis
07 Oct 2016
Secretary for Justice v. Ma Po Kwan
Court of Appeal18 Aug 2016
Secretary for Justice v. Shum Lester
Court of Appeal18 Aug 2016
Secretary for Justice v. Hung Cheuk Lun
Court of Appeal18 Aug 2016
Secretary for Justice v. Szeto Tze Long Jason
Court of Appeal18 Aug 2016
Secretary for Justice v. Wong Lai Wan
Court of Appeal18 Aug 2016
Secretary for Justice v. Yeung Ho Wah
Court of Appeal18 Aug 2016
Secretary for Justice v. Chiu Chi Sum
Court of Appeal18 Aug 2016
Secretary for Justice v. Chan Po Ying
Court of Appeal18 Aug 2016
Secretary for Justice v. Kwan Siu Wang
Court of Appeal18 Aug 2016
Secretary for Justice v. Fung Kai Hei
Court of Appeal18 Aug 2016
Secretary for Justice v. Mak Ying Sheung
Court of Appeal18 Aug 2016
Secretary for Justice v. Wong Ho Ming
Court of Appeal18 Aug 2016
Secretary for Justice v. Chau Wan Ying
Court of Appeal18 Aug 2016
Secretary for Justice v. Chu Wai Lun
Court of Appeal18 Aug 2016
Secretary for Justice v. Chu Pui Yan
Court of Appeal18 Aug 2016
Secretary for Justice v. Kwok Yeung Yuk
Court of Appeal18 Aug 2016
Secretary for Justice v. Cheung Kai Hong
Court of Appeal18 Aug 2016
Secretary for Justice v. Choi Tat Shing
Court of Appeal18 Aug 2016
Secretary for Justice v. Wong Chi Fung
Court of Appeal18 Aug 2016
Secretary for Justice v. Chan Wai Fung
Court of Appeal18 Aug 2016
Secretary for Justice v. Au Yuk Kwan
Court of Appeal18 Aug 2016
Secretary for Justice v. Wong Ka Yee
Court of Appeal18 Aug 2016
Secretary for Justice v. Chan Ao Tien
Court of Appeal18 Aug 2016
Secretary for Justice v. Chan Pak Tao
Court of Appeal18 Aug 2016
Secretary for Justice v. Lou Tit Man
Court of Appeal18 Aug 2016
Secretary for Justice v. Leung Hon Lam
Court of Appeal18 Aug 2016
Secretary for Justice v. Siew Yun Long
Court of Appeal18 Aug 2016
Secretary for Justice v. Law Wai Yan
Court of Appeal18 Aug 2016
Secretary for Justice v. Chan Jeffrey
Court of Appeal18 Aug 2016