This section comprises the summaries of notable judgments in the past 12 months. Summaries are prepared for selected cases which involve important or significant legal principles or issues, issues of public interest, issues that attract strong media or public interest, and/or for educational purpose. The section aims to assist the public to understand the notable judgments and hence is not intended to be exhaustive. Please visit the Judiciary website for reference to other cases not covered in this section.

(The summaries of notable judgments contained in this section are prepared by the Department of Justice (DoJ) based on DoJ's own interpretation and understanding of the judgments of the courts concerned. The summaries are not legal advice and should not be relied upon by anyone as such. The summaries have no legal effect and are not intended to be cited as authorities of any kind. To fully understand the legal effect of the courts' judgments, the whole judgments of the courts concerned should be looked at.)

Significant Judicial Decisions involving the Government Judicial review Cases. This table consists of 4 columns and 8 rows. The first column is 'Number', the second column is 'Case Name', the third column is 'Court / Contract Ref.', the forth column is 'Date of Latest Judgment / Reasons for Verdict'
No. Date Court Case Name / Number Subject Matter
Involved
Summary
  30 Jun 2021 Court of First Instance PANG LOK SZE v. DIRECTOR OF PUBLIC PROSECUTIONS

HCAL 2346/20
Decision not to prosecute Download
  22 Jun 2021 Court of Appeal TONG YING KIT v. SECRETARY FOR JUSTICE

CACV 293/2021
Certificate issued by the Secretary for Justice under Article 46 of the National Security Law concerning jury Download
  11 Jun 2021 Court of Appeal KWOK CHEUK KIN v. SECRETARY FOR JUSTICE

LUI CHI HANG, HENDRICK v. SECRETARY FOR JUSTICE AND CHIEF EXECUTIVE OF THE HKSAR

LEUNG CHUNG HANG, SIXTUS v. SECRETARY FOR JUSTICE

LEUNG KWOK HUNG v. SECRETARY FOR TRANSPORT AND HOUSING

CACV 8, 10, 87 & 88/2019
(On Appeal from HCAL 1160, 1164, 1165 & 1178/2018)
Co-Location Arrangement of the Guangzhou-Shenzhen-Hong Kong Express Rail Link Download
  20 May 2021 Court of First Instance TONG YING KIT v. SECRETARY FOR JUSTICE

HCAL 473/2021
Certificate issued by the Secretary for Justice under Article 46 of the National Security Law concerning jury Download
  18 May 2021 Court of Final Appeal CHEE FEI MING SUBSTITUTED BY PUN LIN FA v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE AND ANOTHER

HUNG SHUI FUNG v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE AND ANOTHER

FAMV 42 & 43/2016 & FAMV 213 & 214/2020
Constitutionality of requirement to seek approval for display of materials at Government lands Download
  07 May 2021 Court of First Instance HUI CHI FUNG v. SECRETARY FOR JUSTICE

HCAL 2270/2020
Decision to intervene and withdraw private prosecution Download
  21 Apr 2021 Court of Appeal “K” v. COMMISSIONER OF POLICE AND ANOTHER

CACV 33/2020
Non-production of search warrant and the right of access to the courts Download
  24 Mar 2021 Court of First Instance SHAM TSZ KIT & YEUNG KWOK MING v. COMMISSIONER OF POLICE & SECRETARY FOR JUSTICE

HCAL 2670/2019
Lawfulness of the Police’s decision to disperse a public meeting on 12 June 2019 using tear gas grenades and constitutionality of s.17 of the Public Order Ordinance Download
  11 Feb 2021 Court of Appeal KWOK CHEUK KIN v. PRESIDENT OF THE LEGISLATIVE COUNCIL FOR AND ON BEHALF OF THE LEGISLATIVE COUNCIL AND SECRETARY FOR JUSTICE

CACV 320/2019
Constitutionality of the quorum requirement prescribed under Rule 17(1A) of the Rules of Procedure of the Legislative Council Download
  10 Feb 2021 Court of First Instance FERNANDEZ YVETTE DINGLE & ANOR. V COMMISSIONER FOR LABOUR & DIRECTOR OF IMMIGRATION

HCAL 3215/2019
Immigration – Live-In Requirement for Foreign Domestic Helpers Download
  13 Jan 2021 Court of Appeal KWOK CHEUK KIN & LUI CHI HANG, HENDRICK v. DIRECTOR OF LANDS, SECRETARY FOR JUSTICE & HEUNG YEE KUK (INTERESTED PARTY)

CACV 234, 317 & 319/2019
Constitutionality of Small House Policy Download
  31 Dec 2020 Court of First Instance TVB v. COMMUNICATIONS AUTHORITY AND THE CHIEF EXECUTIVE IN COUNCIL

HCAL 151/16 & 47/2017
Breach of Generic Codes of Practice concerning indirect advertising Download
  21 Dec 2020 Court of Final Appeal KWOK WING HANG AND OTHERS v. CHIEF EXECUTIVE IN COUNCIL AND ANOTHER

LEUNG KWOK HUNG v. SECRETARY FOR JUSTICE AND ANOTHER

CHIEF EXECUTIVE IN COUNCIL AND ANOTHER v. KWOK WING HANG AND 23 OTHERS

FACV 6, 7, 8 & 9/2020
The Constitutionality of the Emergency Regulations Ordinance (Cap 241) and the Prohibition on Face Covering Regulation (Cap 241K) Download
  21 Dec 2020 Court of First Instance THE HONG KONG JOURNALISTS ASSOCIATION V. THE COMMISSIONER OF POLICE AND SECRETARY FOR JUSTICE

HCAL 2915/2019
The Police’s duty to facilitate, and not to hinder, lawful journalistic activities in the course of public order events Download
  27 Nov 2020 Court of Final Appeal LEUNG KWOK HUNG ALSO KNOWN AS "LONG HAIR" V. COMMISSIONER OF CORRECTIONAL SERVICES

FACV 8/2019
Sex discrimination - Whether a policy requiring all male prisoners but not female prisoners to have their hair cut "sufficiently close" constitutes direct discrimination Download
  19 Nov 2020 Court of First Instance 陳基裘 V. HONG KONG POLICE FORCE; 郭卓堅 & 梁頌恆 V. SECRETARY FOR SECURITY & COMMISSIONER OF POLICE (“CP”); YEUNG TSZ CHUN V. CP; CHAN KUNG SHUN & LO CHAM SZE & NG HONG LUEN V. CP; THE HONG KONG JOURNALISTS ASSOCIATION V. CP & SECRETARY FOR JUSTICE

HCAL 1747/2019, HCAL 1753/2019, HCAL 2671/2019, HCAL 2703/2019 & HCAL 2915/2019
Whether the current identification system of Police officers and Police complaint handling mechanism are compliant with the Hong Kong Bill of Rights Download
  12 Nov 2020 Appeal Committee of the Court of Final Appeal H & AH v. DIRECTOR OF IMMIGRATION

FAMV 415/2019 & FAMV 3/2020[2020] HKCFA 34
The construction of the criterion known as the “no known record to the detriment of the applicant” under the Director of Immigration’s Dependant Visa Policy Download
  12 Oct 2020 The Court of Final Appeal CHAN KA LAM v. THE COUNTRY AND MARINE PARKS AUTHORITY

FACV 5/2020
Statutory interpretation of section 5(1)(b) of the Country Parks Ordinance, Cap. 208 Download
  23 Sep 2020 Court of First Instance WONG CHI FUNG v. SECRETARY FOR JUSTICE AND ANOTHER

HCAL 346/2020
Decision to invalidate nomination to stand for the election at the 2019 District Council Election Download
  21 Sep 2020 Court of Appeal LUBIANO NANCY ALMORIN v. DIRECTOR OF IMMIGRATION

CACV 112/2018
Immigration – Live-In Requirement for Foreign Domestic Helpers Download
  18 Sep 2020 Court of First Instance SHAM TSZ KIT v. SECRETARY FOR JUSTICE

HCAL 2682/2018
Same-sex marriage – Legal recognition of foreign same-sex marriage Download
  18 Sep 2020 Court of First Instance NG HON LAM EDGAR v. SECRETARY FOR JUSTICE

HCAL 3525/2019
Same-sex marriage – Entitlements and benefits in the context of intestacy Download
  04 Sep 2020 Court of First Instance TAM HOI PONG V TOWN PLANNING BOARD & ANOR

HCAL 20/2014
Town Planning Judicial Review - principles on which the Town Planning Board may give planning permission in respect of residential development within a wetland nature reserve Download
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