Speeches and Articles by the Secretary for Justice

Date
Subject
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10 Dec 2014
05 Dec 2014
03 Dec 2014
26 Nov 2014
26 Nov 2014
26 Nov 2014
26 Nov 2014
26 Nov 2014
26 Nov 2014
19 Nov 2014
15 Oct 2014
15 Oct 2014
15 Oct 2014
08 Oct 2014
16 Sep 2014
12 Sep 2014
06 Sep 2014
27 Jul 2014
23 Jun 2014
05 Jun 2014
27 May 2014
17 May 2014
30 Apr 2014
03 Apr 2014
31 Mar 2014
31 Mar 2014
26 Mar 2014
20 Mar 2014
21 Feb 2014
20 Feb 2014
29 Jan 2014
24 Jan 2014
13 Jan 2014
03 Jan 2014
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LegCo / Policy Papers

Date
Subject
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16 Dec 2014
18 Nov 2014
16 Jul 2014
16 Jul 2014
24 Jun 2014
22 Apr 2014
16 Apr 2014
31 Mar 2014
25 Mar 2014
25 Mar 2014
25 Mar 2014
28 Jan 2014
08 Jan 2014
08 Jan 2014
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Press Releases

Date
Subject
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31 Dec 2014
30 Dec 2014
19 Dec 2014
18 Dec 2014
14 Dec 2014
12 Dec 2014
10 Dec 2014
03 Dec 2014
01 Dec 2014
26 Nov 2014
26 Nov 2014
26 Nov 2014
26 Nov 2014
26 Nov 2014
26 Nov 2014
26 Nov 2014
26 Nov 2014
19 Nov 2014
19 Nov 2014
13 Nov 2014
10 Nov 2014
09 Nov 2014
05 Nov 2014
05 Nov 2014
20 Oct 2014
15 Oct 2014
15 Oct 2014
15 Oct 2014
15 Oct 2014
15 Oct 2014
10 Oct 2014
10 Oct 2014
09 Oct 2014
16 Sep 2014
16 Sep 2014
12 Sep 2014
29 Aug 2014
29 Aug 2014
31 Jul 2014
18 Jul 2014
15 Jul 2014
15 Jul 2014
11 Jul 2014
09 Jul 2014
03 Jul 2014
30 Jun 2014
30 Jun 2014
27 Jun 2014
25 Jun 2014
23 Jun 2014
23 Jun 2014
23 Jun 2014
22 Jun 2014
18 Jun 2014
12 Jun 2014
30 May 2014
27 May 2014
22 May 2014
17 May 2014
15 May 2014
13 May 2014
30 Apr 2014
25 Apr 2014
16 Apr 2014
16 Apr 2014
14 Apr 2014
09 Apr 2014
31 Mar 2014
31 Mar 2014
26 Mar 2014
26 Mar 2014
20 Mar 2014
20 Mar 2014
19 Mar 2014
19 Mar 2014
14 Mar 2014
09 Mar 2014
28 Feb 2014
26 Feb 2014
25 Feb 2014
21 Feb 2014
21 Feb 2014
20 Feb 2014
20 Feb 2014
17 Feb 2014
07 Feb 2014
05 Feb 2014
22 Jan 2014
22 Jan 2014
13 Jan 2014
13 Jan 2014
10 Jan 2014
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Notable Judicial Decisions involving the Government

Criminal cases

No. Case Name Case Number Subject Matter Involved Date of Decision
or Reasons
for Decision
1.
HKSAR v. SP PAK LAM AND ANOTHER
Animal cruelty
06 Aug 2014
2.
HKSAR v. LAM, TIMOTHY YAT FUNG
Informer's privilege
14 Jul 2014
3.
HKSAR v. TAM YI CHUN
Sentencing for trafficking
09 Jun 2014
4.
HKSAR v. LEUNG KWOK HUNG AND OTHERS
Disorderly conduct in a public place
09 Jun 2014
5.
HKSAR v. TSANG WAI LUN WAYLAND AND OTHERS
Money laundering
05 Jun 2014
6.
HKSAR v. WONG YUK MAN AND ANOTHER
Unlawful assembly
19 May 2014
7.
HKSAR v. SZE MEI MUN AND OTHERS
Disclosure
14 May 2014
8.
HKSAR v. KOO SZE YIU AND ANOTHER
Desecration of regional flag
27 Mar 2014
9.
HKSAR v. LI JIALIN
Price-rigging
14 Mar 2014
10.
HKSAR v. CHAN YAU HEI
Outraging public decency
07 Mar 2014
11.
SECRETARY FOR JUSTICE v. JOHN WONG
Review of sentence
25 Feb 2014
12.
HKSAR v. BRIAN ALFRED HALL
Re-opening an appeal
28 Jan 2014
13.
HKSAR v. LEUNG SHING CHI AND OTHERS
Allegations of counsel's incompetence
15 Jan 2014
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Civil cases

No. Case Name Case Number Subject Matter Involved Date of Decision
or Reasons
for Decision
1.
CHANG HYUN CHI v. OFFICIAL RECEIVER AND ANOTHER
Bankruptcy - constitutionality of s. 30A(10)(a) of the Bankruptcy Ordinance, Cap. 6
17 Dec 2014
2.
AVIATION FUEL SUPPLY COMPANY v. COMMISSIONER OF INLAND REVENUE
Taxation - profits tax on business of franchisee
15 Dec 2014
3.
DR CHAN PO SUM v. THE MEDICAL COUNCIL OF HONG KONG
Professional misconduct - surgeon's duty to warn a patient of the risk in surgery
09 Dec 2014
4.
CHIU LUEN PUBLIC LIGHT BUS CO LTD (潮聯公共小型巴士有限公司) v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET AND OTHERS
Public Nuisance - enforcement of interim injunction
21 Nov 2014
5.
CHIU LUEN PUBLIC LIGHT BUS COMPANY LIMITED (潮聯公共小型巴士有限公司) v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET AND OTHERS;

GOLDON INVESTMENT LIMITED v. PERSONS WHO ERECTED OR PLACED OR MAINTAINED OBSTRUCTIONS OR OTHERWISE DO ANY ACT TO CAUSE OBSTRUCTION, OR TO PREVENT OR HINDER THE CLEARANCE AND REMOVAL OF THE OBSTRUCTIONS AT THE ENTRANCES OR EXITS OF CITIC TOWER, 1. TIM MEI AVENUE, CENTRAL, HONG KONG (“CITIC TOWER”), AND/OR THE VEHICULAR/PEDESTRIAN PASSAGEWAY AT TIM MEI AVENUE AND/OR LUNG WUI ROAD WHICH BLOCK VEHICULAR OR PEDESTRIAN ACCESS TO CITIC TOWER AND ANOTHER;

LAI HOI PING (黎海平) & TAM CHUN HUNG (譚駿雄) v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND OTHERS
Public Nuisance - interim injunction
10 Nov 2014
6.
CHAU FOO CHEONG SIDNEY v. COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION
Legal professional privilege - Claim for return of documents
10 Nov 2014
7.
REGAL SHINING LIMITED v. SECRETARY FOR JUSTICE
Land use - unauthorised columbarium development
21 Oct 2014
8.
陳碩謙 v. HOSPITAL AUTHORITY
Mental Health Ordinance - Constitutionality of section 69
16 Oct 2014
9.
PENNY'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS
Land Compensation - Marine Rights Extinguishment
15 Oct 2014
10.
THE SECRETARY FOR JUSTICE v. JOSEPH LO KIN CHING AND DEREK LAI KAR YAN, THE JOINT AND SEVERAL ADMINISTRATORS OF THE ESTATE OF KUNG, NINA (龔如心) ALSO KNOWN AS NINA KUNG AND NINA T H WANG AND OTHERS
Trusts and charities - construction of will - leave to appeal to the CFA
15 Sep 2014
11.
CHURCH BODY OF THE HONG KONG SHENG KUNG HUI AND ANOTHER v. COMMISSIONER OF INLAND REVENUE
Profits Tax - Change of intention
11 Sep 2014
12.
SECRETARY FOR JUSTICE v. SANRITA WONG KWOK MEI
Application for Prohibition Order
05 Aug 2014
13.
HO KIN MAN & ORS v. SECRETARY FOR JUSTICE FOR AND ON BEHALF OF THE COMMISSIONER OF POLICE
Claim for wrongful termination of service
26 May 2014
14.
LEE BING CHUENG (李炳章) ALSO KNOWN AS 李子文 SPELT AS LI TSZ MAN OR LEE CHE MAN OR LEE CHI MAN OR LEE SZE MAN v. SECRETARY FOR JUSTICE
Encroachment of land
12 May 2014
15.
YANG YEE MAN, THE ADMINISTRATRIX OF THE ESTATE OF LAM LOK KIN, DECEASED v. LEUNG HING HUNG (THIRD PARTIES: SECRETARY FOR JUSTICE AND HONG KONG PARKING LTD)
Personal injuries claim - design of the car park and the location of parking traffic sign
25 Apr 2014
16.
NEW MERCURY HOLDING CORPORATION v. THE SECRETARY FOR JUSTICE
Lands - curtilage covenant
15 Apr 2014
17.
THE SECRETARY FOR JUSTICE v. JOSEPH LO KIN CHING and DEREK LAI KAR YAN, THE JOINT AND SEVERAL ADMINISTRATORS OF THE ESTATE OF KUNG, NINA (龔如心) also known as NINA KUNG and NINA T H WANG AND OTHERS
Trusts and charities - construction of will
11 Apr 2014
18.
GHULAM RBANI v. SECRETARY FOR JUSTICE FOR AND ON BEHALF OF THE DIRECTOR OF IMMIGRATION
Immigration - damages for unlawful detention
13 Mar 2014
19.
HO MAN KONG v. SUPERINTENDENT OF LAI CHI KOK RECEPTION CENTRE & ANOR
Habeas Corpus - admission of interception evidence
13 Mar 2014
20.
DR Q v. THE HEALTH COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG
Contempt of Court
07 Feb 2014
21.
CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
Government rent and rating appeals - assessment of rateable value
03 Jan 2014
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Judicial review cases

No. Case Name Case Number Subject Matter Involved Date of Decision
or Reasons
for Decision
1.
RA v. BETTY KWAN, ADJUDICATOR
Immigration - Torture Claim (Costs)
31 Dec 2014
2.
KEEN LLOYD HOLDINGS LIMITED & ORS v. COMMISSIONER OF CUSTOMS AND EXCISE AND ANOTHER
Import and Export Ordinance & Organized and Serious Crimes Ordinance - validity of search warrants
23 Dec 2014
3.
陳紹鈞 v. 高等法院司法常務官
Nature of appeal against refusal to grant leave for judicial review
16 Dec 2014
4.
BI v. DIRECTOR OF IMMIGRATION
Immigration - dependant visa
10 Dec 2014
5.
LEUNG KWOK HUNG v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
Costs in public interest litigation
05 Dec 2014
6.
CHING CHUNG TAOIST ASSOCIATION OF HONG KONG LIMITED v. DIRECTOR OF LANDS
Land - Assessments of premium
02 Dec 2014
7.
YUNG CHI KEUNG v. PROTECTION OF WAGES ON INSOLVENCY FUND BOARD AND ANOTHER
Protection of Wages on Insolvency Ordinance - severance payment
02 Dec 2014
8.
ORRICO, PHILIPPE & ANR v. MUNICIPAL SERVICES APPEALS BOARD
Costs order against a respondent inferior court or tribunal
01 Dec 2014
9.
HYSAN DEVELOPMENT CO LTD & OTHERS v. TOWN PLANNING BOARD;

LEIGHTON PROPERTY CO LTD & ANOTHER v. TOWN PLANNING BOARD
Planning - restrictions
13 Nov 2014
10.
ORIENTAL GENERATION LTD v. TOWN PLANNING BOARD
Planning - restrictions
13 Nov 2014
11.
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
JR - Unauthorised display or affixing of a bill or poster on Government land
15 Oct 2014
12.
SAFDER TEHSEEN v. PERMANENT SECRETARY FOR SECURITY AND ANOR
Immigration - Deportation Order
10 Oct 2014
13.
LEUNG KWOK HUNG v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
Legislative process - scope of court's intervention
29 Sep 2014
14.
RE WONG CHI KIN
Judicial Review - Locus standi
26 Sep 2014
15.
KWONG WING KIE v. LICENTIATE COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG AND THE MEDICAL COUNCIL OF HONG KONG
Licentiate Committee of the Medical Council of Hong Kong - legitimate expectation to sit for Licensing Examination
24 Sep 2014
16.
GUTIERREZ JOSEPH JAMES v. COMMISSIONER OF REGISTRATION AND ANOTHER
Immigration - Right of Abode
18 Sep 2014
17.
CHAU TSUN KIU v. SECRETARY FOR JUSTICE
Election - candidates' right to equality
18 Sep 2014
18.
T v. COMMISSIONER OF POLICE
Places of Public Entertainment Ordinance - Licence
10 Sep 2014
19.
X v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER
Immigration - Torture Claim
04 Sep 2014
20.
LEUNG HON WAI v. DIRECTOR OF ENVIRONMENTAL PROTECTION AND TOWN PLANNING BOARD
Enviornmental Impact Assessment Ordinance - Environmental Permit
02 Sep 2014
21.
HO LOY v. DIRECTOR OF ENVIRONMENTAL PROTECTION & CHIEF EXECUTIVE IN COUNCIL (INTERESTED PARTY: CIVIL ENGINEERING AND DEVELOPMENT DEPARTMENT)
Environmental Impact Assessment Ordinance - Environmental Permit
12 Aug 2014
22.
"A" v. DIRECTOR OF IMMIGRATION AND ANOTHER
Immigration - Torture Claim
08 Jul 2014
23.
THE REAL ESTATE DEVELOPERS ASSOCIATION OF HONG KONG v. BUILDING AUTHORITY
Building plans - ownership/real prospect of control
30 Jun 2014
23.
CHAN KAM CHING JOHN BARRY v. COMMISSIONER OF POLICE
Search warrant - validity and lawfulness of execution
26 Jun 2014
25.
ST v. BETTY KWAN AND ANOTHER
Immigration - Torture Claim
26 Jun 2014
26.
KWOK CHEUK KIN v. CHIEF EXECUTIVE IN COUNCIL; LAM HON FEI FREEMAN v. CHIEF EXECUTIVE IN COUNCIL
Broadcasting - locus to apply for judicial review
19 Jun 2014
27.
CHEUNG KIN HO AND OTHERS v. REGISTRATION OF PERSONS TRIBUNAL
Immigration - Right of Abode
12 Jun 2014
28.
SUEN MO JOEL v. DIRECTOR OF SOCIAL WELFARE
Social Welfare - CSSA Rental Allowance
11 Jun 2014
29.
THE HONG KONG MEDICAL ASSOCIATION v. MEDICAL COUNCIL OF HONG KONG
Power of the Medical Council to review its decision in disciplinary inquiry
06 Jun 2014
30.
BULLEN, CHRISTIAN ANTHONY v. DIRECTOR OF LANDS
Unlawful Occupation of unleased land
16 May 2014
31.
FAIRBO INVESTMENT LIMITED & ANOTHER v. APPEAL TRIBUNAL (BUILDINGS) (INTERESTED PARTY: BUILDING AUTHORITY)
Building Appeal - Disapproval of building plans
28 Apr 2014
32.
RE CHI HONG CHING YUEN LIMITED
Lands - breach of conditions of Government lease
07 Apr 2014
33.
MOULIN GLOBAL EYECARE TRADING LIMITED (IN LIQUIDATION) (FORMERLY KNOWN AS MOULIN OPTICAL MANUFACTORY LIMITED) v. THE COMMISSIONER OF INLAND REVENUE
Tax - objection & application under s.70A of Inland Revenue Ordinance, Cap. 112
13 Mar 2014
34.
KWOK CHEUK KIN v. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS
Legislative Council - bar from standing at election
05 Mar 2014
35.
RE THOMAS LAI
Country Park Enclaves
28 Feb 2014
36.
GA & OTHERS v. DIRECTOR OF IMMIGRATION
Immigration - Right to work
18 Feb 2014
37.
NG MAN YIN & ANOR v. REGISTRATION OF PERSONS TRIBUNAL
Immigration - Right of abode
29 Jan 2014
38.
LONGEST PROFIT (HONG KONG) LIMITED v. APPEAL TRIBUNAL (BUILDINGS) AND BUILDING AUTHORITY
Building Appeal - rationality and fairness of the decision of the Appeal Tribunal (Buildings)
29 Jan 2014
39.
TOWN PLANNING BOARD v. TOWN PLANNING APPEAL BOARD AND NAM SANG WAI DEVELOPMENT COMPANY LTD & ANOR
Town Planning Appeal - construction of s.17(1) of the Town Planning Ordinance, Cap. 131
16 Jan 2014
40.
BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Building appeal - disapproval of building plans
03 Jan 2014