HKSAR V. LEUNG CHUNG MAN AND ANOTHER

[2025] HKCA 1115 Court of Appeal 11 December 2025 • CACC105/2023 • 4 min read

2 cases cited (0 HK, 2 foreign)

Outcome

Appeal allowed

the appeal was allowed on a basis not specifically advocated by either counsel.

Source: [2025] HKCA 1115, Court of Appeal, decided 11 December 2025. Read directly from the judgment.

Judges (3)

Anthea Pang Coram Macrae Coram Zervos Coram

Counsel (7)

Department of Justice Firm Johnny K.K. Leung & Co Firm S.Y. Wong & Co Firm Jack Hui Counsel Applicant Melvin Ho Counsel Applicant Samantha Chiu Counsel Respondent Simon So Counsel Applicant

Parties (3)

HKSAR Respondent Leung Chung Man Applicant Tsui Chi Hung Applicant

Case Significance

HKSAR V. LEUNG CHUNG MAN AND ANOTHER [2025] HKCA 1115 was an Immigration Ordinance appeal before the Court of Appeal. The court held that "the appeal was allowed on a basis not specifically advocated by either counsel," a resolution reached independently of the arguments put forward by the parties. The court's reasoning referred to earlier authority including [2023] HKDC 589 and (2012) 15 HKCFAR 162.

Summary

Criminal appeal by Leung Chung Man and Tsui Chi Hung against their convictions at District Court for offences related to the 2019 social unrest. The Court of Appeal, comprising Macrae VP, Zervos and Anthea Pang JJA, considered written submissions and addressed sentencing issues. The court declined to grant a certificate for two counsel for the 2nd applicant.

What did the Court of Appeal decide in HKSAR v Leung Chung Man and Another ([2025] HKCA 1115)?

In HKSAR V. LEUNG CHUNG MAN AND ANOTHER [2025] HKCA 1115, the Court of Appeal held that "the appeal was allowed on a basis not specifically advocated by either counsel," resolving an Immigration Ordinance appeal on grounds the parties themselves had not raised.