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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. CHAN CHI HO LINCOLN
Reversal of guilty plea
21 Dec 2018
2.
HKSAR v. SO PING CHI
Misconduct in public office
30 Nov 2018
3.
HKSAR v. LAI CHUN HO
Gross negligence manslaughter
16 Nov 2018
4.
HKSAR v. SPECIAL VIEW LIMITED
Fish farm licence
7 Nov 2018
5.
SECRETARY FOR JUSTICE v. LEUNG HIU YEUNG & OTHERS
Sentencing principles in unlawful assembly
28 Sep 2018
6.
HKSAR v. KILIMA ABUBAKAR ABBAS
Sentencing principles in drug trafficking
18 Sep 2018
7.
HKSAR v. TSANG YAM KUEN DONALD
Misconduct in public office
20 Jul 2018
8.
HKSAR v. CHAN KA YIU & OTHERS
Enhancement of sentence in cross-border trafficking of ketamine
18 Jul 2018
9.
HKSAR v. LEUNG CHUN KIT BRANDON
Prosecutor’s closing speech in magistrates court
4 Jul 2018
10.
HKSAR v. LEUNG TIN KEI, LO KIN MAN & WONG KA KUI
Riot
11 Jun 2018
11.
HKSAR v. LI XIAOXIANG
Allegations against counsel
21 May 2018
12.
HKSAR v. WAN THOMAS & ANOTHER
Prison visits
14 May 2018
13.
HKSAR v. CHOI WAI LUN
Indecent assault
09 May 2018
14.
HKSAR v. CHENG WING KIN, KU KA HO & CHAN KIN LOONG
Corrupt conduct at election
08 Mar 2018
15.
SECRETARY FOR JUSTICE v. WONG CHI FUNG

SECRETARY FOR JUSTICE v. LAW KWUN CHUNG

SECRETARY FOR JUSTICE v. CHOW YONG KANG ALEX
Sentencing guidelines on unlawful assembly
06 Feb 2018
16.
HKSAR v. LEUNG HIU YEUNG
Police officer as an officer of Legislative Council
01 Feb 2018
17.
HKSAR v. LAM TAN CHING PAUL
Construction of “accompanied personal baggage” in Import and Export Ordinance, Cap. 60
25 Jan 2018
18.
HKSAR v. CHEUNG WAI KWONG
Meaning of “using a vehicle” in Road Traffic Ordinance, Cap. 374
22 Dec 2017
19.
HKSAR v. CHUNG KA WAI
Possession of an identity card relating to another
17 Nov 2017
20.
HKSAR v. FONG KWOK SHAN CHRISTINE
Freedom of expression in public gallery of Legislative Council
04 Oct 2017
21.
SJ v. LEUNG HIU YEUNG & Others
Sentencing principles in unlawful assembly
11 Sep 2017
22.
SECRETARY FOR JUSTICE v. WONG CHI FUNG, LAW KWUN CHUNG AND CHOW YONG KANG ALEX
Unlawful assembly
17 Aug 2017
23.
HKSAR v. LAW WING FAI

HKSAR v. COLLINS GILBERT HENRY
Third party insurance
14 Aug 2017
24.
HKSAR v. 蔡偉麟
Indecent assault on person under the age of 16 years
31 Jul 2017
25.
HKSAR v. CHUI SHU SHING
Prosecution costs in appeals
11 Jul 2017
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Civil cases

No. Case Name Case Number Subject Matter Involved Date of Decision
or Reasons
for Decision
1.
KOO MING KOWN AND ANOTHER v. THE COMMISSIONER OF INLAND REVENUE
Additional tax against an agent of a corporate taxpayer
23 Nov 2018
2.
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
3.
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
4.
POON CHO-MING, JOHN v. COMMISSIONER OF INLAND REVENUE
Salaries Tax - Payment upon Termination of Employment and Share Option Gain
01 Jun 2018
5.
RE "A"
Application for admission as a barrister of the High Court in Hong Kong
10 May 2018
6.
CHAIRMAN AND DEPUTY CHAIRMAN OF THE PRELIMINARY INVESTIGATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG v. HOSPITAL AUTHORITY
Applications for disclosure of medical reports of patients from the Hospital Authority - patient's privacy
20 Apr 2018
7.
CHAN HO TIN v. LO YING-KI ALAN (RETURNING OFFICER FOR NEW TERRITORIES WEST GEOGRAPHIC CONSTITUENCY) AND OTHERS
Validity of Nomination as a Candidate for the Legislative Council Election
13 Feb 2018
8.
COMMISSIONER OF INLAND REVENUE v. PANG FAI
"Honorarium" payment
03 Nov 2017
9.
黎 v. 凌
Custody Order of child
01 Nov 2017
10.
PENNY'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS
Land Compensation - Marine Rights Extinguishment
16 Oct 2017
11.
SECRETARY FOR JUSTICE v. CHU PUI YAN AND 8 OTHERS
Criminal contempt of court
13 Oct 2017
12.
SECRETARY FOR JUSTICE v. YIU CHUNG YIM

SECRETARY FOR JUSTICE v. NATHAN LAW KWUN CHUNG

SECRETARY FOR JUSTICE v. LAU SIU LAI

SECRETARY FOR JUSTICE v. LEUNG KWOK HUNG
Validity of the Legislative Council Oath – Article 104 of the Basic Law and the Oaths and Declarations Ordinance, Cap. 11
14 Jul 2017
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Judicial review cases

No. Case Name Case Number Subject Matter Involved Date of Decision
or Reasons
for Decision
1.
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
2.
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
3.
CHEUNG TAK WING v. COMMUNICATIONS AUTHORITY AND ANOTHER
Television and Radio Annoucements in the Public Interest
09 Nov 2018
4.
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
5.
ZN v. SECRETARY FOR JUSTICE AND OTHERS
Human trafficking
02 Aug 2018
6.
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
7.
QT v. DIRECTOR OF IMMIGRATION
Immigration - Dependant Visa Policy
04 Jul 2018
8.
LEUNG CHUN KWONG v. SECRETARY FOR THE CIVIL SERVICE AND ANOTHER
Same-sex marriage - employees' benefits and completion of tax returns
01 Jun 2018
9.
SHOVE SHERPA v. DIRECTOR OF IMMIGRATION
Immigration - Right of Abode - Interpretation of Article 24 of the Basic Law ("permanent residents" and "non-permanent residents")
31 May 2018
10.
DESIGNING HONG KONG LTD v. THE TOWN PLANNING BOARD
Protective costs order
15 May 2018
11.
BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Dangerous Hillside Orders - maintenance responsibilities
09 May 2018
12.
LEUNG KWOK HUNG also known as "LONG HAIR" v. COMMISSIONER OF CORRECTIONAL SERVICES
Decision to cut the hair of male prisoners - Sex Discrimination Ordinance, Cap. 480
30 Apr 2018
13.
COMILANG, MILAGROS TECSON AND ANOTHER v. DIRECTOR OF IMMIGRATION

LUIS, DESIREE RANTE AND OTHERS v. DIRECTOR OF IMMIGRATION

DEMBELE, SALIFOU AND OTHERS v. DIRECTOR OF IMMIGRATION
Immigration - Right of foreign nationals to remain in Hong Kong with their family members who are Hong Kong permanent residents
26 Mar 2018
14.
DATA KEY LTD v. DIRECTOR OF LANDS
Solatium - Policy on Ex-gratia Allowance
02 Mar 2018
15.
LUBIANO NANCY ALMORIN v. THE DIRECTOR OF IMMIGRATION
Immigration - Live-in Requirement for Foreign Domestic Helpers
14 Feb 2018
16.
PCCW-HKT TELEPHONE LTD AND ANOTHER v. THE SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT AND ANOTHER
Levy of telecommunication licence fees - Trading Funds Ordinance, Cap. 430
27 Dec 2017
17.
Dr U v. THE PRELIMINARY INVESTIGATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER
Jurisdiction of the Preliminary Investigation Committee to re-consider a complaint
24 Nov 2017
18.
SHAM WING KAN v. COMMISSIONER OF POLICE
Power of the Police to search the digital content of mobile phones or similar digital devices seized on arrest - s.50(6) of Police Force Ordinance, Cap.232
27 Oct 2017
19.
BLENDORAN LTD v. APPEAL TRIBUNAL (BUILDINGS)
Building Appeal - Unauthorised building works
20 Oct 2017
20.
KWOK CHEUK KIN v. COMMISSIONER OF POLICE AND ANOTHER
Notification of a public meeting to the Police - s.2 and s.7 of Public Order Ordinance (Cap.245)
19 Oct 2017
21.
郭卓堅 v. 林鄭月娥特首連同行政會議成員

呂智恆 AND ANOTHER v. 行政長官會同行政會議

TSANG KIN-SHING v. THE SECRETARY FOR TRANSPORT AND HOUSING AND OTHERS

張德榮 v. 林鄭月娥行會主席 AND OTHERS
Constitutionality of the proposed arrangement regarding Hong Kong and Mainland customs, immigration and quarantine procedures at the West Kowloon Station of the Hong Kong Section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link
27 Sep 2017
22.
QT v. DIRECTOR OF IMMIGRATION
Application by same-sex partner for entering Hong Kong as dependant
25 Sep 2017
23.
YAU WAI CHING v. CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, SECRETARY FOR JUSTICE

SIXTUS LEUNG CHUNG HANG v. CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, SECRETARY FOR JUSTICE
Validity of the Legislative Council Oath – Article 104 of the Basic Law and the Oaths and Declarations Ordinance, Cap. 11
01 Sep 2017
24.
BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Dangerous Hillside Orders - maintenance responsibilities
11 Aug 2017

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