Leung Kwok Hung and Others v. HKSAR
Read the full judgment text of FAMC 60/2004 on BabelCite. This FAMC judgment was delivered on 6 January 2005.
1. The Court of Appeal has certified three questions as questions of law of great and general importance involved in this case. Those three questions boil down to one and the same question. Is the scheme which the Public Order Ordinance lays down for notification and control of public processions constitutional? The answer to that question is likely to affect also the scheme which the same Ordinance lays down for notification and control of public meetings.
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FAMC Nos 60 & 61 of 2004 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MISCELLANEOUS PROCEEDINGS Nos 60 & 61 OF 2004 (CRIMINAL) (ON APPLICATION FOR LEAVE TO APPEAL FROM HCMA NO. 16 OF 2003 )
_____________________ Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ Date of Hearing: 6 January 2005 Date of Determination: 6 January 2005 ___________________________ D E T E R M I N A T I O N ___________________________ Mr Justice Bokhary PJ: 1.The Court of Appeal has certified three questions as questions of law of great and general importance involved in this case. Those three questions boil down to one and the same question. Is the scheme which the Public Order Ordinance lays down for notification and control of public processions constitutional? The answer to that question is likely to affect also the scheme which the same Ordinance lays down for notification and control of public meetings. 2.There can be no doubt that this matter merits consideration by the highest court. Leave to appeal to the Court of Final Appeal is granted.
First applicant in person Mr Martin Lee SC and Mr Erik Shum (instructed by Messrs Ho, Tse, Wai & Partners and assigned by the Legal Aid Department) for the 2nd and 3rd applicants Mr Gavin Shiu and Mr David Leung (of the Department of Justice) for the respondent |
Further hearings and rulings under FAMC 60/2004