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Collection of Notable Judicial Decisions involving the Government for the last 12 months

Criminal cases

No. Case Name Case Number Subject Matter Involved Date of Decision
or Reasons
for Decision
1.
HKSAR v. NG MAN YUEN AVERY
Parties’ right to be heard in magistracy appeals
27 Aug 2019
2.
HKSAR v. TSANG YAM KUEN DONALD
Misconduct in public office
26 June 2019
3.
SECRETARY FOR JUSTICE v. CHENG KA YEE & OTHERS
Access to computer with a view to dishonest gain
4 Apr 2019
4.
SECRETARY FOR JUSTICE v. FUNG CHI HOI
Cruelty to animals
4 Apr 2019
5.
HKSAR v. CHU TSUN WAI
Misuse of computer
1 Feb 2019
6.
HKSAR v. YU LIK WAI WILLIAM & Another
Interception of Communications and Surveillance Ordinance
1 Feb 2019
7.
HKSAR v. SHUM WAI KEE
False declaration
31 Jan 2019
8.
HKSAR v. CHAN CHI HO LINCOLN
Reversal of guilty plea
21 Dec 2018
9.
HKSAR v. SO PING CHI
Misconduct in public office
30 Nov 2018
10.
HKSAR v. LAI CHUN HO
Gross negligence manslaughter
16 Nov 2018
11.
HKSAR v. SPECIAL VIEW LIMITED
Fish farm licence
7 Nov 2018
12.
SECRETARY FOR JUSTICE v. LEUNG HIU YEUNG & OTHERS
Sentencing principles in unlawful assembly
28 Sep 2018
13.
HKSAR v. KILIMA ABUBAKAR ABBAS
Sentencing principles in drug trafficking
18 Sep 2018
14.
HKSAR v. TSANG YAM KUEN DONALD
Misconduct in public office
20 Jul 2018
15.
HKSAR v. CHAN KA YIU & OTHERS
Enhancement of sentence in cross-border trafficking of ketamine
18 Jul 2018
16.
HKSAR v. LEUNG CHUN KIT BRANDON
Prosecutor’s closing speech in magistrates court
4 Jul 2018
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Civil cases

No. Case Name Case Number Subject Matter Involved Date of Decision
or Reasons
for Decision
1.
PERFEKTA ENTERPRISES LIMITED v. COMMISSIONER OF INLAND REVENUE
Tax- charge of profits tax in relation to a payment received by the taxpayer upon disposal of a landed property
12 Jul 2019
2.
RE LEUNG KWAN TSAN KELVIN
Constitutionality of s.85(5) of the Education Ordinance, Cap. 279
4 Jan 2019
3.
KOO MING KOWN AND ANOTHER v. THE COMMISSIONER OF INLAND REVENUE
Additional tax against an agent of a corporate taxpayer
23 Nov 2018
4.
SECRETARY FOR JUSTICE v. SIEW YUN LONG, MAN FOR ON, YUNG YIU SING, CHAN PAK TAO, AND LOU TIT MAN
Criminal contempt of court
31 Aug 2018
5.
釋照月 v. SECRETARY FOR JUSTICE AND OTHERS
Charities - locus standi and construction of s.57A(a)(iii) of the Trustee Ordinance, Cap. 29
10 Aug 2018
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Judicial review cases

No. Case Name Case Number Subject Matter Involved Date of Decision
or Reasons
for Decision
1.
HONG KONG TELECOMMUNICATIONS (HKT) LTD v. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT AND ANOTHER
Telecommunications - partial auction of certain frequency spectrum bands
05 Jul 2019
2.
YEUNG CHU WING v. SECRETARY FOR JUSTICE
Constitutionality of various provisions under Part XII of the Crimes Ordinance, Cap.200
30 May 2019
3.
CHAN KA LAM v. THE COUNTRY AND MARINE PARKS AUTHORITY
section 5(1)(b) of the Country Parks Ordinance (Cap. 208) - Whether inclusion of enclaves into country parks falls within policy and programmes in respect of country parks
14 May 2019
4.
KWOK CHEUK KIN AND ANOTHER v. DIRECTOR OF LANDS AND OTHERS
Constitutionality of Small House Policy
08 Apr 2019
5.
COMILANG, MILAGROS TECSON & ANOTHER v. DIRECTOR OF IMMIGRATION

LUIS, DESIREE RANTE & OTHERS v. DIRECTOR OF IMMIGRATION
Immigration – family rights
04 Apr 2019
6.
SECRETARY FOR JUSTICE v. LEUNG KWOK HUNG; CHIEF EXECUTIVE OF THE HKSAR & SECRETARY FOR JUSTICE v. CLERK TO THE LEGISLATIVE COUNCIL AND LEUNG KWOK HUNG
Legislative Council Oath-taking Validity
15 Feb 2019
7.
AA AND ANOTHER v. THE SECURITIES AND FUTURES COMMISSION
Constitutionality of s.181 of the Securities and Futures Ordinance (Cap. 571)
11 Feb 2019
8.
Q, R AND ANOTHER v. COMMISSIONER OF REGISTRATION
Registration of Persons
01 Feb 2019
9.
INTERUSH LIMITED AND ANOTHER v. THE COMMISSIONER OF POLICE AND OTHERS
Constitutionality of "No-Consent Scheme" under the Organised and Serious Crimes Ordinance, Cap. 455
17 Jan 2019
10.
LEUNG CHUNG HANG, SIXTUS v. PRESIDENT OF LEGISLATIVE COUNCIL AND SECRETARY FOR JUSTICE

LEUNG KWOK HUNG v. SECRETARY FOR TRANSPORT AND HOUSING

KWOK CHEUK KIN v. CHIEF EXECUTIVE OF THE HKSAR

KU CHUN HIN ZLATO v. SECRETARY FOR JUSTICE

LUI CHI HANG, HENDRICK v. SECRETARY FOR JUSTICE AND CHIEF EXECUTIVE OF THE HKSAR
Co-location Arrangement of the Guangzhou-Shenzhen-Hong Kong Express Rail Link
13 Dec 2018
11.
CHEUNG TAK WING v. DIRECTOR OF ADMINISTRATION
Permission Scheme for the use of the East Wing Forecourt for public meetings and processions
19 Nov 2018
12.
CHEUNG TAK WING v. COMMUNICATIONS AUTHORITY AND ANOTHER
Television and Radio Annoucements in the Public Interest
09 Nov 2018
13.
梁頌恆 v. 立法會主席 AND 律政司司長

郭卓堅 v. 香港特首林鄭月娥
Interim relief in judicial review proceedings
14 Aug 2018
14.
ZN v. SECRETARY FOR JUSTICE AND OTHERS
Human trafficking
02 Aug 2018
15.
KWOK CHEUK KIN v. LEUNG CHUN YING AND OTHERS
Appeal against refusal to grant extension of time for judicial review - whether leave to appeal required
23 Jul 2018
16.
QT v. DIRECTOR OF IMMIGRATION
Immigration - Dependant Visa Policy
04 Jul 2018

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