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Summary of Notable Judgments


(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.)


Date Court Case name / number Subject Matter Involved Summary

Criminal cases

23 Sep 2020
Court of Final Appeal
HKSAR v. YUONG HO CHEUNG & OTHERS

FACC 1/2020
Elements of the offence created under section 52(3) and (10) of the Road Traffic Ordinance, Cap.374
22 Sep 2020
Court of Appeal
SECRETARY FOR JUSTICE v. SWS

CAAR 1/2020
Sentencing young offender for arson; non-custodial sentence generally inappropriate
17 Sep 2020
Court of First Instance
HKSAR v. NG MAN YUEN AVERY, CHAU KA FAAT and CHENG PUI LUN

HCMA 492/2019
Spontaneous demonstration only under special circumstances; reasonable and appropriate measures of authorities to ensure demonstration peaceful; elements of offence of unlawful assembly and incitement
27 Jul 2020
Court of Appeal
HKSAR v. LAM KAI MAN

CACC 246/2019
Discount for plea to a lesser offence or an alternative charge rejected by the prosecution but matches the eventual verdict or is later accepted by the prosecution
09 Jul 2020
Court of Final Appeal
HKSAR v. KWAN KA HEI

FACC 8/2019
Definition of "explosive substance" in Part VII of the Crimes Ordinance, Cap. 200
30 Jun 2020
Court of Final Appeal
HKSAR v. CHU ANG

FACC 6/2019
Bribery
26 Jun 2020
Court of Appeal
HKSAR v. LUI TSUN SUM, KO SHING HO AND LU CHUN LAM

CACC 331/2018
Presumption of doli incapax and amendment of charges
24 Jun 2020
District Court
HKSAR v. YIU SIU HONG

DCCC 57/2020
Sentencing considerations for the offences of possession of offensive weapons (petrol bombs) and attempted arson with intent
02 Jun 2020
Court of Appeal
SECRETARY FOR JUSTICE v. LEUNG KWOK HUNG

HCMA 520/2018
Freedom of speech and debate (section 3) and the offence of contempt (section 17(c)) under the Legislative Council (Powers and Privileges) Ordinance (Cap. 382)
15 May 2020
District Court
HKSAR v. SIN KA HO

DCCC 783/2019
Sentencing considerations for the offence of riot
29 Apr 2020
Court of Appeal
HKSAR v. L.Y.Y.

CACC 84/2018
The danger of misuse of complaint evidence by trial counsel in cases of sexual offences
29 Apr 2020
Court of Appeal
HKSAR v. LEUNG TIN KEI & OTHERS

CACC 164/2018
The requirement of common purpose of the offence of unlawful assembly and riot; Sentencing considerations for the offence of riot
24 Apr 2020
Court of Appeal
HKSAR v. SK WASIM

CACC 77/2019
International element for drug trafficking sentencing
24 Apr 2020
Court of First Instance
HKSAR v. LAM TSZ KIN HOWARD

HCMA 179/2019
Identification evidence based on substantial viewing and analysis of photographic images
24 Apr 2020
Court of Appeal
SECRETARY FOR JUSTICE v. LAW MAN CHUNG

CAAR 4/2019
Sentencing considerations for the offence of desecrating the National Flag
17 Apr 2020
Court of Final Appeal
HKSAR v. CHAN SIU TAN

HKSAR v. WONG CHO SHING & OTHERS

FAMC 48 & 49/2019
Admissibility of video evidence
16 April 2020
Court of Final Appeal
HKSAR v. SETO KIN KWAN FRANCO

FAMC 60/2019
Mens rea for the offence of soliciting or accepting an advantage under s.9(1) of the Prevention of Bribery Ordinance (Cap. 201)
26 Mar 2020
Court of Appeal
SECRETARY FOR JUSTICE v. TSANG WAI LING

CAAR 1/2019
Sentencing considerations for theft or fraud practised on banks
25 Mar 2020
Court of Appeal
HKSAR v. GUTIERREZ ALVAREZ, KEISHU MERCEDES

CACC 320/2016
Right to a fair trial does not guarantee a system of verification of translation between the interpreter and the accused
11 March 2020
Court of Final Appeal
HKSAR v. CHENG WING KIN

FACC 5/2019
Corrupt conduct at election
13 Jan 2020
Court of Appeal
HKSAR v. RAHMAN MD SHEIKH MOJIBUR

CACC 333/2018
Acquitted defendant's costs where the defendant chose not to disclose a good defence available at investigative stage
10 Jan 2020
Court of Final Appeal
HKSAR v. CHOW HO YIN

FACC 4/2019
Court's discretion to proceed with a trial in the absence of an accused

Civil cases

19 Oct 2020
Court of First Instance
SECRETARY FOR JUSTICE v. CHENG LAI KING

HCMP 1256/2020
Civil Contempt of Court
Download
(English only)
21 Aug 2020
Court of First Instance
TONG YING KIT v. HKSAR

HCAL 1601/2020
Writ of habeas corpus - Law of the People’s Republic of China on Safeguarding Nationality Security in HKSAR
30 Jul 2020
Court of First Instance
LAM WAI IP v. THE SECRETARY FOR JUSTICE

HCA 2827/2016
Malicious prosecution
19 Jun 2020
District Court
WONG WENG CHI, CHOW NOK HANG, LEUNG WING LAI & CHOW CHUN YU v. THE SECRETARY FOR JUSTICE FOR AN ON BEHALF OF THE COMMISSIONER OF POLICE

DCPI 282, 311, 349 & 375/2015
False Imprisonment and Battery
17 Jun 2020
Court of First Instance
SECRETARY FOR JUSTICE v. CHAN OI YAU RIYO

HCMP 249/2020
Civil contempt of court
22 May 2020
Court of First Instance
HORSFIELD LESLIE GRANT & OTHERS v. CHIEF EXECUTIVE OF THE HKSAR & ANOTHER

HCAL 952/2020
Writ of Habeas Corpus - Legality of CE’s power to enact Cap. 599E and the legality of placing the Applicants for quarantine at the Government’s Quarantine Centre
21 May 2020
Court of First Instance
LAU SIU-LAI v. KWOK WAI-FUN, FRANCO (RETURNING OFFICER FOR THE KOWLOON WEST GEOGRAPHICAL CONSITUTENCY & CHAN HOI-YAN)

HCAL 245/2019
Validity of Nomination as a Candidate for the Legislative Council By-Elections
13 May 2020
Court of First Instance
SYED AGHA RAZA SHAH v. THE DIRECTOR OF HEALTH

HCMP 468/2020
Writ of habeas corpus – Compulsory Quarantine Order under Cap. 599E
19 Mar 2020
Court of First Instance
Champerty and Maintenance- Application for pre-clearance of third party funding in litigation

Judicial review cases

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
(English only)
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
21 Sep 2020
Court of Appeal
LUBIANO NANCY ALMORIN v. DIRECTOR OF IMMIGRATION

CACV 112/2018
Immigration – Live-In Requirement for Foreign Domestic Helpers
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
(English only)
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
(English only)
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
(English only)
20 Aug 2020
Court of First Instance
LEE CHU MING, MARTIN & ORS v. A PERMANENT MAGISTRATE, EASTERN MAGISTRACY AND THE COMMISSIONER OF POLICE

HCAL 1396/2020
Whether the search warrants are ultra vires for lack of specificity and being oppressive and whether the Applicants should be informed of the applications for the search warrants
13 Jul 2020
Court of First Instance
KWOK CHEUK KIN v. CHIEF EXECUTIVE OF HKSAR

HCAL 1405/2020
Law of the People’s Republic of China on Safeguarding Nationality Security in HKSAR – whether the Chief Executive failed to adhere to the oath of upholding the Basic Law
03 Jul 2020
Court of First Instance
LOH MING YIN v. HONG KONG EXAMINATIONS AND ASSESSMENT AUTHORITY (PUTATIVE INTERESTED PARTY: THE EDUCATION BUREAU)

HCAL 1087/2020
Legality of the decision to invalidate question 2(c) of the History Paper I of 2020 HKDSE Examination
18 Jun 2020
Court of Appeal
NANCY ANN KISSEL v. THE LONG-TERM PRISON SENTENCES REVIEW BOARD

CACV 230/2018
Principle on which the Board is required to perform its sentence reviewing function under section 8(c) of the Long-term Prison Sentences Review Ordinance, Cap. 524
10 Jun 2020
Court of First Instance
WONG HO MING v. SECRETARY FOR JUSTICE

HCAL 2124/2019
Right to stand for election of person who has been sentenced to imprisonment
21 & 27 May 2020
Court of Appeal
JUNIOR POLICE OFFICERS’ASSOCIATION OF THE HONG KONG POLICE FORCE AND ANOTHER v. ELECTORAL AFFAIRS COMMISSION AND OTHERS

CACV 73/2020
(Judgment dated 21 May 2020)
Public access to the Final Register of electors of District Council Election containing the name and principal residential address of registered electors.
09 Apr 2020
Court of Appeal
KWOK WING HANG AND OTHERS v. CHIEF EXECUTIVE IN COUNCIL AND ANOTHER

LEUNG KWOK HUNG v. SECRETARY FOR JUSTICE AND ANOTHER

CACV 541/2019, CACV 542/2019, CACV 583/2019
Constitutionality the Emergency Regulations Ordinance (Cap. 241) and the Prohibition on Face Covering Regulation (Cap. 241K)
08 Apr 2020
Court of First Instance
JUNIOR POLICE OFFICERS’ ASSOCIATION OF THE HONG KONG POLICE FORCE AND ANOTHER v. ELECTORAL AFFAIRS COMMISSION AND OTHERS

HCAL 3042/2019
Public access to the Final Register of electors of District Council Election containing the name and principal residential address of registered electors
02 Apr 2020
Court of Appeal
SHAM WING KAN v. COMMISSIONER OF POLICE

(INTERESTED PARTIES: YEUNG CHING YIN, CHAN SIN YING, HUNG HIU HAN & CHAN SIU PING)

CACV 270/2017
Police’s power to search the digital contents of mobile devices without warrant
04 Mar 2020
Court of First Instance
INFINGER, NICK v. THE HONG KONG HOUSING AUTHORITY

HCAL 2647/18
Same-sex marriage – Eligibility for applying public rental housing
04 Mar 2020
Court of First Instance
Re: BALAORO MARIETTA S.

HCAL 1188/2019
Criminal liability of holding same-sex religious marraige ceremonies; Director of Public Prosecution's obligation to provide advice or guidance on potential criminal liability
14 Feb 2020
Court of First Instance
Cheung Ka Ho Cyril & Others v Securities and Futures Commission & Others

HCAL 2132-2134, 2136 & 2137/2018
The legality of the Securities and Futures Commission’s decisions to seize and retain digital devices, and to issue notices - the validity of search warrants
14 Feb 2020
Court of Appeal
Cheung Tak Wing v Director of Administration

CACV 577/2018
Permission Scheme for the use of the East Wing Forecourt for public meetings and processions
10 Jan 2020
Court of Final Appeal
ZN v Secretary for Justice & Others

FACV 4/2019
The scope of Article 4 of the Hong Kong Bill of Rights, and the Government’s positive obligations thereunder

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