KWOK WING HANG AND 23 OTHERS V. CHIEF EXECUTIVE IN COUNCIL AND ANOTHER (and 3 others)

[2020] HKCFA 42 Court of Final Appeal 21 December 2020 • FACV6/2020; FACV7/2020; FACV8/2020; FACV9/2020 • 85 min read

12 cases cited (0 HK, 12 foreign) Cited by 4 cases

Judges (5)

Cheung Coram Fok Coram Lord Hoffmann Coram Ma Coram Ribeiro Coram

Counsel (16)

Department of Justice Firm Ho Tse Wai & Partners Firm JCC Cheung & Co Firm Allison Wong Counsel Applicant Anson Wong Yu Yat Counsel Applicant Benjamin Yu Counsel Respondent Earl Deng Counsel Applicant Geoffrey Yeung Counsel Applicant Gladys Li Counsel Applicant Hectar Pun Counsel Applicant Jeffrey Tam Counsel Applicant Jenkin Suen Counsel Respondent Jimmy Ma Counsel Respondent Johannes Chan Counsel Applicant Lee Siu Him Counsel Applicant Mike Lui Counsel Respondent

Parties (26)

Case Significance

Kwok Wing Hang and 23 Others v. Chief Executive in Council and Another (and 3 others) [2020] HKCFA 42 is a Court of Final Appeal judgment dated 21 December 2020. Its catchwords engage multiple provisions of the Basic Law, including Art 160(1), Art 2, Art 27 and Art 39, together with the Emergency Regulations Ordinance (s 2) and its s 2(3), and the Hong Kong Bill of Rights Ordinance. The decision has been cited in subsequent criminal proceedings before the Court of Final Appeal, including HKSAR v. Leung Chung Hang Sixtus (梁頌恆) [2021] HKCFA 24 and HKSAR v. Lai Chee Ying (黎智英) [2021] HKCFA 3, as well as in HKSAR v. Best Pencil (Hong Kong) Limited and Others [2024] HKDC 1430 before the District Court and Re Lamtex Holdings Ltd (in Liquidation) [2025] HKCFI 3627 before the Court of First Instance.

Summary

Twenty-four applicants, including Legislative Council members, challenged the constitutionality of the Prohibition on Face Covering Regulation enacted under the Emergency Regulations Ordinance. The Court of Final Appeal considered whether the ERO was consistent with the Basic Law and whether the face-covering ban was a proportionate restriction on fundamental rights. The Court held the ERO was constitutional but found parts of the face-covering regulation disproportionate.

Which Basic Law provisions are engaged in Kwok Wing Hang and 23 Others v. Chief Executive in Council [2020] HKCFA 42?

The Court of Final Appeal decision engages Basic Law Articles 160(1), 2, 27 and 39, alongside the Emergency Regulations Ordinance and its s 2(3), and the Hong Kong Bill of Rights Ordinance, in a judgment dated 21 December 2020.

How has Kwok Wing Hang and 23 Others v. Chief Executive in Council [2020] HKCFA 42 been cited since?

It has been cited in later Court of Final Appeal decisions including HKSAR v. Leung Chung Hang Sixtus (梁頌恆) [2021] HKCFA 24 and HKSAR v. Lai Chee Ying (黎智英) [2021] HKCFA 3, and in District Court and Court of First Instance judgments.

Statutes Cited

Basic Law

Art 160(1) Art 2 Art 27 Art 39 Art 39(2) Art 73(1)

Emergency Regulations Ordinance

s 2

Hong Kong Bill of Rights Ordinance (Cap 383)

s 3(2)

Interpretation and General Clauses Ordinance (Cap 1)

s 34

Prevention and Control of Disease Ordinance

s 8

Cases Cited (12)

UK (3)

[1948] 1 KB 223 [1968] AC 997 [1980] AC 458

HK (9)

(2005) 8 HKCFAR 229 (2006) 9 HKCFAR 574 (2011) 14 HKCFAR 754 (2013) 16 HKCFAR 837 (2013) 16 HKCFAR 950 (2015) 18 HKCFAR 467 (2016) 19 HKCFAR 372 (2017) 20 HKCFAR 353 [2016] 2 HKLRD 1372

Cited By (4)

[2025] HKCFI 3627

RE LAMTEX HOLDINGS LTD (IN LIQUIDATION)

[2024] HKDC 1430

HKSAR V. BEST PENCIL (HONG KONG) LIMITED AND OTHERS

[2021] HKCFA 24

HKSAR V. LEUNG CHUNG HANG SIXTUS (梁頌恆)

[2021] HKCFA 3

HKSAR V. LAI CHEE YING (黎智英)

Citation influence

HKLII records this judgment as cited by 37 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2021] HKCFA 37 Court of Final Appeal

4 November 2021

[2021] HKCFA 3 Court of Final Appeal

9 February 2021

[2021] HKCA 404 Court of Appeal

25 March 2021

[2021] HKCFA 24 Court of Final Appeal

16 July 2021

[2020] HKCA 1087 Court of Appeal

31 December 2020

[2022] HKCFA 27 Court of Final Appeal

16 December 2022