LEUNG KWOK HUNG AND OTHERS v. HKSAR

FAMC Nos 60 & 61 of 2004

 IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS Nos 60 & 61 OF 2004 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 16 OF 2003 )

 

Between:
	LEUNG KWOK HUNG FUNG KA KEUNG LO WAI MING	1st Applicant 2nd Applicant 3rd Applicant
	and
	HONG KONG SPECIAL ADMINISTRATIVE REGION	Respondent

_____________________

 

Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 6 January 2005

Date of Determination: 6 January 2005

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D E T E R M I N A T I O N

___________________________

Mr Justice Bokhary PJ:

1.  The Court of Appeal has certified three questions as questions of law of great and general importance involved in this case. Those three questions boil down to one and the same question.  Is the scheme which the Public Order Ordinance lays down for notification and control of public processions constitutional?  The answer to that question is likely to affect also the scheme which the same Ordinance lays down for notification and control of public meetings. 

2.  There can be no doubt that this matter merits consideration by the highest court.  Leave to appeal to the Court of Final Appeal is granted.

 

 

(Kemal Bokhary) Permanent Judge

(Patrick Chan) Permanent Judge

(R.A.V. Ribeiro) Permanent Judge

First applicant in person

Mr Martin Lee SC and Mr Erik Shum (instructed by Messrs Ho, Tse, Wai & Partners and assigned by the Legal Aid Department) for the 2^nd and 3^rd applicants

Mr Gavin Shiu and Mr David Leung (of the Department of Justice) for the respondent