Read the full judgment text of HCMA 173/2008 on BabelCite. This High Court CFI judgment was delivered on 20 January 2009 before Hon Ma, CJHC, Stock JA and A Cheung J in Court.
Criminal law – telecommunications – constitutionality – offence-creating provisions – licensing regime – certification – costs – The court refused to certify points of law for appeal to the Court of Final Appeal under section 32 of the Hong Kong Court of Final Appeal Ordinance, Cap. 484. The respondents sought certification on whether sections 8 and 20 of the Telecommunications Ordinance were free-standing and constitutional. The court held that its earlier judgment had determined the validity of the offence-creating provisions based on a construction of the Ordinance as a whole, and the constitutionality of the licensing regime was not relevant. The court also varied the costs order to no order as to costs, as the appeal succeeded on a point not canvassed below.
Legal issues: Certification of points of law for appeal to Court of Final Appeal
Outcome: Certification refused for all respondents; costs order varied to no order as to costs.
Cited by 21 cases