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.)


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Date Court Case name / number Subject Matter Involved Summary

Criminal cases

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. 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
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
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
23 Dec 2019
Court of Appeal
SECRETARY FOR JUSTICE v. CHU WING YIN CHRISTINE

CAAR 5/2018
Sentencing principles for the offence of causing grievous bodily harm by dangerous driving
18 Oct 2019
Court of Final Appeal
HKSAR v. LAI KAM FAT

FACC 1/2019
Conspiracy to traffic in a dangerous drug
27 Aug 2019
Court of Final Appeal
HKSAR v. NG MAN YUEN AVERY

FAMC 15/2019
Parties’ right to be heard in magistracy appeals
26 June 2019
Court of Final Appeal
HKSAR v. TSANG YAM KUEN DONALD

FACC 29/2018
Misconduct in public office

Civil cases

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
Download
(English only)
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
13 Sep 2019
Court of First Instance
LAU WING-HONG v. CHAN YUEN-MAN, AMY (RETURNING OFFICER FOR THE NEW TERRITORIES EAST GEOGRAPHICAL CONSTITUENCY & FAN GARY KWOK-WAI

HCAL 844/2018
Validity of Nomination as a Candidate for the Legislative Council By-Election
2 Sep 2019
Court of First Instance
CHOW TING v. TENG YU-YAN ANNE (THE RETURNING OFFICER FOR THE HONG KONG ISLAND CONSTITUENCY) AND AU NOK-HIN

HCAL 804/2018
Validity of Nomination as a Candidate for the Legislative Council By-Election
16 May 2019
Court of Appeal
SECRETARY FOR JUSTICE v. WONG CHI FUNG

CACV 14/2018
Criminal contempt of court

Judicial review cases

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.
Download
(English only)
9 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)
8 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
2 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
4 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
4 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
17 Dec 2019
Court of First Instance
“K” v. COMMISSIONER OF POLICE AND ANOTHER

HCAL 2643/2019
Non - production of search warrant and the right of access to the courts
16 Dec 2019
Court of 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

CACV 489/2018, CACV 490/2018
Constitutionality of requirement to seek approval for display of materials at Government lands
29 Nov 2019
Court of First Instance
Sino Bright Enterprises Co. Ltd v. Secretary for Justice & others

HCAL 1060/2017
Decisions not to prosecute
18 & 22 Nov 2019
Court of First Instance
KWOK WING HANG AND OTHERS v. CHIEF EXECUTIVE IN COUNCIL AND ANOTHER

LEUNG KWOK HUNG v. SECRETARY FOR JUSTICE AND ANOTHER

HCAL 2945/2019 & 2949/2019 (Judgment dated 18 November 2019)

HCAL 2945/2019 & 2949/2019(Decision dated 22 November 2019)
Constitutionality of the Emergency Regulations Ordinance (Cap 241) and the Prohibition on Face Covering Regulation (Cap 241K)
18 Oct 2019
Court of First Instance
MK v. THE GOVERNMENT OF HKSAR

HCAL 1077/2018
Same-sex marriage - Legal recognition of same-sex marriage or other same-sex relationship in Hong Kong
6 Sep 2019
Court of First Instance
KWOK CHEUK KIN v. 律政司刑事檢控專員梁卓然 (PUTATIVE INTERESTED PARTY: SECRETARY FOR JUSTICE)

TSANG KIN-SHING v. SECRETARY FOR JUSTICE

HCAL 2882/2018 & 687/2019
Decisions not to prosecute
12 Jun 2019
Court of First Instance
KWOK CHEUK KIN v. 立法會主席及各立法會建制派議員(39人) & SECRETARY FOR JUSTICE

LEUNG KWOK HUNG v. PRESIDENT OF LEGISLATIVE COUNCIL FOR AND ON BEHALF OF THE LEGISLATIVE COUNCIL & SECRETARY FOR JUSTICE

HCAL 1094 & 1120/2017
Constitutionality of the quorum requirement prescribed under Rule 17(1A) of the Rules of Procedure of the Legislative Council
06 Jun 2019
Court of Final Appeal
LEUNG CHUN KWONG v. SECRETARY FOR THE CIVIL SERVICE AND ANOTHER

FACV 8/2018
Same-sex marriage - employees' benefits and completion of tax returns
Download
(updated on 6 Sept 2019)
30 May 2019
Court of First Instance
YEUNG CHU WING v. SECRETARY FOR JUSTICE

HCAL 753/2017
Constitutionality of various provisions under Part XII of the Crimes Ordinance, Cap.200
14 May 2019
Court of Appeal
Chan Ka Lam v The Country and Marine Parks Authority

CACV 150/2017
Statutory interpretation of section 5(1)(b) of the Country Parks Ordinance
08 Apr 2019
Court of First Instance
Kwok Cheuk Kin & Lui Chi Hang, Hendrick v. Director of Lands & Secretary for Justice(Interested Party: Heung Yee Kuk)

HCAL 260/2015
Constitutionality of the Small House Policy and the exception under Schedule 5, Part 2, Paragraph 2 of the Sex Discrimination Ordinance (Cap. 480)
04 Apr 2019
Court of Final Appeal
COMILANG, MILAGROS TECSON & ANOTHER v. DIRECTOR OF IMMIGRATION

FACV 9/2018

LUIS, DESIREE RANTE & OTHERS v. DIRECTOR OF IMMIGRATION

FACV 10/2018
Immigration – family rights
15 Feb 2019
Court of Appeal
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

CACV 200-201/2017
Legislative Council Oath-taking Validity
01 Feb 2019
Court of First Instance
Q v. COMMISSIONER OF REGISTRATION
R v. COMMISSIONER OF REGISTRATION
TSE HENRY EDWARD v. COMMISSIONER OF REGISTRATION

HCAL 229/2015, 154/2017 & 189/2017
Registration of Persons
17 Jan 2019
Court of Appeal
INTERUSH LIMITED & INTERUSH (SINGAPORE) PTE LIMITED v. THE COMMISSIONER OF POLICE, THE COMMISSIONER OF CUSTOMS & EXCISE & MAK WING YIP CYRIL, SUPERINTENDENT OF POLICE

CACV 230/2015
Crimes - constitutionality of sections 25 and 25A of the Organized and Serious Crimes Ordinance, Cap. 455
10 Jan 2019
Court of First Instance
SW v. SECRETARY FOR JUSTICE

HCAL 191/2016
Crimes - constitutionality of provisions under Part XII of the Crimes Ordinance regulating vice-activities

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