61 lines
3.7 KiB
YAML
61 lines
3.7 KiB
YAML
plaintiff:
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- HKSAR
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defendant:
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- KWOK WING KIN (郭永健)
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- HO STANLEY WAI HONG (何偉航)
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- WONG HO MING RAPHAEL (黃浩銘)
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- TSANG KIN SHING (曾健成)
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- MAK TAK CHING (麥德正)
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- NG MAN YUEN AVERY (吳文遠)
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- LEE CHEUK YAN (李卓人)
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- LEUNG KWOK HUNG (梁國雄)
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case_reason: Participation in a prohibited group gathering contrary to section 6 of the Prevention and Control of Disease (Prohibition on Gathering) Regulation during COVID-19 pandemic. Eight defendants staged a May Day procession on 1 May 2020 from Admiralty Centre to Central Government Offices to demand unemployment benefits and protest against COVID restrictions, violating the regulation prohibiting gatherings of more than four persons.
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judgment_summary: The Court of Final Appeal dismissed the leave application. The applicants sought to challenge their convictions for participating in a prohibited group gathering during COVID-19, raising questions about the construction of the Regulation and constitutional issues regarding freedom of demonstration. The Court held that no point of law of great and general importance was involved since the Regulation expired on 31 March 2023 and is now a dead letter. The proper construction of its provisions is no longer of general importance, and questions of constitutionality and proportionality are entirely moot. The Court rejected arguments that similar regulations might be enacted in future pandemics, noting that any future measures would depend on the specific nature of the pandemic and cannot be assumed to have similar wording.
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jurisdiction_code: HKCFA
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jurisdiction_name: Court of Final Appeal of the Hong Kong Special Administrative Region
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case_location: Hong Kong Special Administrative Region
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case_object: Prevention and Control of Disease (Prohibition on Gathering) Regulation (Cap 599G); Hong Kong Court of Final Appeal Ordinance (Cap 484); Prevention and Control of Disease Ordinance (Cap 599)
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judgment_result:
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charges:
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- charge: Participation in a prohibited group gathering contrary to section 6 of the Prevention and Control of Disease (Prohibition on Gathering) Regulation
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established: true
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outcome: Leave to appeal refused. Original convictions upheld (14 days' imprisonment suspended for 18 months)
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involved_entities:
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- entity_name: Chief Executive in Council
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reason: Issued the Prevention and Control of Disease (Prohibition on Gathering) Regulation pursuant to section 8 of the Prevention and Control of Disease Ordinance
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- entity_name: Mr Justice Ribeiro PJ
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reason: Permanent Judge who delivered the reasons for determination
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- entity_name: Mr Justice Lam PJ
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reason: Permanent Judge on the Appeal Committee
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- entity_name: Mr Justice Tang NPJ
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reason: Non-Permanent Judge on the Appeal Committee
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- entity_name: Magistrate Mr Cheang Kei-hong
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reason: Trial magistrate who convicted the defendants
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- entity_name: Wong J
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reason: Judge who dismissed the defendants' appeal at HKCFI
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- entity_name: Mr Anson Wong Yu Yat
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reason: Counsel for the 1st, 2nd, 5th and 7th Appellants
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- entity_name: Mr Jason Kung
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reason: Counsel for the 1st, 2nd, 5th and 7th Appellants
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- entity_name: JCC Cheung & Co. Solicitors
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reason: Solicitors for the Appellants
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- entity_name: Mr Andrew Li, SPP
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reason: Senior Public Prosecutor for the Respondent
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- entity_name: Mr Christopher Fung, SPP (Ag)
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reason: Acting Senior Public Prosecutor for the Respondent
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- entity_name: Department of Justice
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reason: Representing the Respondent (HKSAR)
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- entity_name: Admiralty Centre
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reason: Starting location of the May Day procession
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- entity_name: Central Government Offices
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reason: Destination of the May Day procession
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