HKSAR v. So Tsun Fung (蘇浚鋒)

FAMC No. 14 of 2025

[2025] HKCFA 18

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 14 OF 2025 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 457 OF 2023)

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DETERMINATION

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The Appeal Committee:

1.We are satisfied that leave to appeal should be granted in respect of the following Questions, namely:

Question 1

Whether the offence created under section 27A of the Elections (Corrupt and Illegal Conduct) Ordinance, Cap 554 (“ECICO”) has unconstitutionally infringed the right to the freedom of expression under Articles 27 and 39 of the Basic Law and Article 16(2) of the Hong Kong Bill of Rights (“BOR”);

Question 2

Whether the offence created under section 27A of the ECICO has unconstitutionally infringed the right to equality before the law under Article 25 of the Basic Law and Articles 1(1) and 22 of the BOR. 

2.The appeal will be listed for hearing on 20 May 2026.

Mr Carter Chim, Ms Yvonne Leung and Mr Jason Szeto, instructed by Ho Kan Lawyers, for the Applicant

Mr Ned Lai DDPP and Mr Timothy Chen SPP, of the Department of Justice, for the Respondent