HKSAR v. Leung Kwok Hung and Others
Read the full judgment text of HCMA 335/2006 on BabelCite. This High Court CFI judgment was delivered on 18 January 2007.
1. Mr Reading has properly conceded that the first point of law mentioned in the notice of motion is now withdrawn because he properly concedes that that point of law involves more a question of fact rather than a matter of law. That leaves just the 2 nd ground as a matter that I have to adjudicate on.
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HCMA335/2006 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE (Appellate Jurisdiction) MAGISTRACY APPEAL NO.335 OF 2006 (ON APPEAL FROM ESCC 4516 OF 2005) ---------------------------- BETWEEN
------------------------ Before : Hon Nguyen J in Court Dates of Hearing : 18 January 2007 Date of Judgment : 18 January 2007 ----------------------- J U D G M E N T ----------------------- 1.Mr Reading has properly conceded that the first point of law mentioned in the notice of motion is now withdrawn because he properly concedes that that point of law involves more a question of fact rather than a matter of law. That leaves just the 2nd ground as a matter that I have to adjudicate on. 2.Having heard both counsel, I decline to certify that this is a point of law of great and general public importance. My view is that whether or not there was tolerance by the authorities which may or may not affect the reasonableness of the demonstration is a matter of fact which should not concern the Court of Final Appeal under this limb. 3.The 5th appellant is granted the costs of the appeal, including the costs of today’s hearing, in the sum of $16,602.
Mr John Reading, DDPP, leading Mr Robert K.Y. Lee, SGC, for HKSAR The 1st Appellant, in person Mr Martin Lee, SC, instructed by Messrs K.M. Cheung & Co., for the 2nd to 4th Appellants Mr Eric Shum, instructed by Messrs K.M. Cheung & Co. (DLA), for the 5th Appellant |
Further hearings and rulings under HCMA 335/2006