Leung Kwok Hung and Others Through the Hong Kong Courts

Abstract

This article tracks the prosecution of Leung Kwok Hung and Others through the Hong Kong courts, from the magistracy to the CFA, for offences of holding and assisting in the holding of an unauthorised assembly. The six judgments, spanning three courts and as many years, illustrate at least three very different approaches to the issues in the case. Each has, in addition, distinctive and important points of interest. Together they form a fascinating collage. For this reason, after a brief description of the legislative provisions and established legal background for constitutional challenge to legislation in the HKSAR, each judgment is given separate attention, with a particular emphasis on the CFA judgments, and the practical implications of that decision. The final part of the article deals with the 'rightness' of the CFA decision. Although the CFA majority did make an important contribution to an understanding of this area of the law, the author concludes that, with regard to Part III of the Public Order Ordinance, the court missed the opportunity to deal with some of the most important issues.