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Article: Leung Kwok Hung and Others Through the Hong Kong Courts

TitleLeung Kwok Hung and Others Through the Hong Kong Courts
Authors
Issue Date2006
PublisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/
Citation
Hong Kong Law Journal, 2006, v. 36 n. 1, p. 83-116 How to Cite?
AbstractThis 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.
Persistent Identifierhttp://hdl.handle.net/10722/74923
ISSN
2015 Impact Factor: 0.215
2015 SCImago Journal Rankings: 0.101

 

DC FieldValueLanguage
dc.contributor.authorBrabyn, Jen_HK
dc.date.accessioned2010-09-06T07:06:07Z-
dc.date.available2010-09-06T07:06:07Z-
dc.date.issued2006en_HK
dc.identifier.citationHong Kong Law Journal, 2006, v. 36 n. 1, p. 83-116en_HK
dc.identifier.issn0378-0600en_HK
dc.identifier.urihttp://hdl.handle.net/10722/74923-
dc.description.abstractThis 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.-
dc.languageengen_HK
dc.publisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/en_HK
dc.relation.ispartofHong Kong Law Journalen_HK
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.titleLeung Kwok Hung and Others Through the Hong Kong Courtsen_HK
dc.typeArticleen_HK
dc.identifier.openurlhttp://library.hku.hk:4550/resserv?sid=HKU:IR&issn=0378-0600&volume=36&issue=1&spage=83&epage=116&date=2006&atitle=Leung+Kwok+Hung+and+Others+Through+the+Hong+Kong+Courtsen_HK
dc.identifier.emailBrabyn, J: hrllbjm@hkucc.hku.hken_HK
dc.identifier.authorityBrabyn, J=rp01238en_HK
dc.description.naturepublished_or_final_version-
dc.identifier.hkuros123526en_HK
dc.identifier.volume36-
dc.identifier.issue1-
dc.identifier.spage83-
dc.identifier.epage116-

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