HKSAR v. LEUNG KWOK HUNG AND OTHERS

HCMA335/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.335 OF 2006

(ON APPEAL FROM ESCC 4516 OF 2005)

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BETWEEN

  HKSAR Respondent
  and  
   LEUNG KWOK HUNG 1st Appellant
   TSANG KIN SHING 2nd Appellant
  TO KWAN HANG, ANDREW 3rd Appellant
  CHAN KWOK LEUNG 4th Appellant
LI TAK WAH 5th Appellant

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Before : Hon Nguyen J in Court

Dates of Hearing : 18 January 2007

Date of Judgment : 18 January 2007

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J U D G M E N T

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1. Mr Reading has properly conceded that the first point of law mentioned in the notice of motion is now withdrawn because he properlyconcedes that that point of law involves more a question of fact rather than a matter of law. That leaves just the 2nd ground as a matter that I have to adjudicate on.

2. Having heard both counsel, I decline to certify that this is a point of law of great and general public importance. My view is thatwhether or not there was tolerance by the authorities which may or may not affect the reasonableness of the demonstration is a matterof fact which should not concern the Court of Final Appeal under this limb.

3. The 5th appellant is granted the costs of the appeal, including the costs of today’s hearing, in the sum of $16,602.

  (Peter Nguyen)
Judge of the Court of First Instance,
High Cour

Mr John Reading, DDPP, leading Mr Robert K.Y. Lee, SGC, for HKSAR

The 1st Appellant, in person

Mr Martin Lee, SC, instructed by Messrs K.M. Cheung & Co., for the 2nd to 4th Appellants

Mr Eric Shum, instructed by Messrs K.M. Cheung & Co. (DLA), for the 5th Appellant