Leung Kwok Hung v. Secretary for Justice

Read the full judgment text of CACV 541/2019 on BabelCite. This Court of Appeal judgment was delivered on 9 April 2020.

1. Paragraph 39 at page 32 should read “They further ordered that the above declarations be suspended so as to postpone its coming into operation until the end of 29 November 2019 or further order of the court in anticipation of the respondents’ appeals and to allow the respondents time to apply to the Court of Appeal for such interim relief as appropriate, which they did by way of summonses dated 26 November 2019. On 27 November 2019, the Court of Appeal granted an interim interim temporary sus

Cites 4 cases

Case No.CACV 541/2019[2020] HKCA 192
Court
Court of Appeal
Date09 Apr 2020
Judge
Case Document
100%Judiciary

CACV 541, 542 & 583/2019

[2020] HKCA 192

CACV 541/2019

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 541 OF 2019

(ON APPEAL FROM HCAL 2949/2019)

_______________

BETWEEN

  LEUNG KWOK HUNG (梁國雄) Applicant

and

  SECRETARY FOR JUSTICE 1st Respondent
  CHIEF EXECUTIVE IN COUNCIL 2nd Respondent
_______________

CACV 542/2019

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 542 OF 2019

(ON APPEAL FROM HCAL 2945/2019)

_______________

BETWEEN

  KWOK WING HANG 1st Applicant
  CHEUNG CHIU HUNG 2nd Applicant
  TO KUN SHUN JAMES 3rd Applicant
  LEUNG YIU CHUNG 4th Applicant
  JOSEPH LEE KOK LONG 5th Applicant
  MO, MAN CHING CLAUDIA 6th Applicant
  WU CHI WAI 7th Applicant
  CHAN CHI-CHUEN RAYMOND 8th Applicant
  LEUNG KAI CHEONG KENNETH 9th Applicant
  KWOK KA-KI 10th Applicant
  WONG PIK WAN 11th Applicant
  IP KIN-YUEN 12th Applicant
  YEUNG ALVIN NGOK KIU 13th Applicant
  ANDREW WAN SIU KIN 14th Applicant
  CHU HOI DICK EDDIE 15th Applicant
  LAM CHEUK-TING 16th Applicant
  SHIU KA CHUN 17th Applicant
  TANYA CHAN 18th Applicant
  HUI CHI FUNG 19th Applicant
  KWONG CHUN-YU 20th Applicant
  TAM MAN HO JEREMY JANSEN 21st Applicant
  FAN, GARY KWOK WAI 22nd Applicant
  AU NOK HIN 23rd Applicant
  CHARLES PETER MOK 24th Applicant

and

  CHIEF EXECUTIVE IN COUNCIL 1st Respondent
  SECRETARY FOR JUSTICE 2nd Respondent
_______________

CACV 583/2019

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 583 OF 2019

(ON APPEAL FROM HCAL 2945/2019)

_______________

BETWEEN

  KWOK WING HANG 1st Applicant
  CHEUNG CHIU HUNG 2nd Applicant
  TO KUN SHUN JAMES 3rd Applicant
  LEUNG YIU CHUNG 4th Applicant
  JOSEPH LEE KOK LONG 5th Applicant
  MO, MAN CHING CLAUDIA 6th Applicant
  WU CHI WAI 7th Applicant
  CHAN CHI-CHUEN RAYMOND 8th Applicant
  LEUNG KAI CHEONG KENNETH 9th Applicant
  KWOK KA-KI 10th Applicant
  WONG PIK WAN 11th Applicant
  IP KIN-YUEN 12th Applicant
  YEUNG ALVIN NGOK KIU 13th Applicant
  ANDREW WAN SIU KIN 14th Applicant
  CHU HOI DICK EDDIE 15th Applicant
  LAM CHEUK-TING 16th Applicant
  SHIU KA CHUN 17th Applicant
  TANYA CHAN 18th Applicant
  HUI CHI FUNG 19th Applicant
  KWONG CHUN-YU 20th Applicant
  TAM MAN HO JEREMY JANSEN 21st Applicant
  FAN, GARY KWOK WAI 22nd Applicant
  AU NOK HIN 23rd Applicant
  CHARLES PETER MOK 24th Applicant

and

  CHIEF EXECUTIVE IN COUNCIL 1st Respondent
  SECRETARY FOR JUSTICE 2nd Respondent
_______________
  (heard together)  

Before: Hon Poon CJHC, Lam VP and Au JA in Court

Dates of Hearing: 9 and 10 January 2020

Date of Judgment: 9 April 2020

Date of Corrigenda: 4 May 2020

_________________

CORRIGENDA

_________________

1.Paragraph 39 at page 32 should read “They further ordered that the above declarations be suspended so as to postpone its coming into operation until the end of 29 November 2019 or further order of the court in anticipation of the respondents’ appeals and to allow the respondents time to apply to the Court of Appeal for such interim relief as appropriate, which they did by way of summonses dated 26 November 2019. On 27 November 2019, the Court of Appeal granted an interim interim temporary suspension order to postpone the coming into operation of the declarations of invalidity up to the determination of such summonses on 10 December 2019. On 10 December 2019, the Court of Appeal refused the respondents’ applications. In the circumstances, the declarations eventually took effect on 10 December 2019.”

2.In paragraph 14 at page 10 line K, “emboldended” should read “emboldened”.

3.In paragraph 53 at page 37 line H and paragraph 131 at page 67 line H, “pubic” should read “public”.

4.In paragraph 76 at page 46 line B, “bond fide” should read “bona fide”.

5.In paragraph 125 at page 65 line B and paragraph 126 at page 65 line F, “board” should read “broad”.

6.In paragraph 196 at page 91 line C, “Chee Fei Ming v Director of Food and Enviromental Hygiene” should read “Chee Fei Ming v Director of Food and Environmental Hygiene”.

  (Hebe Lam)
for Registrar, High Court

Other Judgments in This Case

Further hearings and rulings under CACV 541/2019