HKSAR V. KWOK WING KIN AND OTHERS

[2023] HKCFA 30 Court of Final Appeal 7 September 2023 • FAMC50/2022 • 6 min read

2 cases cited (0 HK, 2 foreign)

Outcome

Leave to appeal refused

leave to appeal was refused.

Source: [2023] HKCFA 30, Court of Final Appeal, decided 7 September 2023. Read directly from the judgment.

Judges (3)

Lam Coram Ribeiro Coram Tang Coram

Counsel (6)

Department of Justice Firm JCC Cheung & Co. Solicitors Firm Andrew Li Counsel Respondent Anson Wong Yu Yat Counsel Appellant Christopher Fung Counsel Respondent Jason Kung Counsel Appellant

Parties (9)

HKSAR Respondent Ho Stanley Wai Hong Appellant Kwok Wing Kin Appellant Lee Cheuk Yan Appellant Leung Kwok Hung Appellant Mak Tak Ching Appellant Ng Man Yuen Avery Appellant Tsang Kin Shing Appellant Wong Ho Ming Raphael Appellant

Summary

Eight defendants convicted of contravening the Prevention and Control of Disease (Prohibition on Group Gathering) Regulation by participating in a Labour Day gathering during COVID-19 restrictions applied for leave to appeal. The case raised questions about the proper construction of the regulation and whether it disproportionately restricted the right to peaceful assembly. Leave to appeal was granted.

Statutes Cited

Prevention and Control of Disease Ordinance

s 8

Cases Cited (2)

HK (2)

[2022] HKCFI 2525 [2022] HKCFI 3831

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Judgment

Read the full judgment on the official Hong Kong Courts portal.

Source: HKLII ([2023] HKCFA 30)