CHEE FEI MING SUBSTITUTED BY PUN LIN FA V. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE AND OTHERS (and 3 others)

[2021] HKCFA 16 Court of Final Appeal 18 May 2021 • FAMV42/2016; FAMV43/2016; FAMV214/2020; FAMV213/2020 • 13 min read
4 cases cited (0 SG, 4 foreign)

Practice Areas

Basic Law Summary Offences Ordinance

Judges (3)

Fok Coram Ribeiro Coram Tang Coram

Counsel (7)

Department of Justice Firm Ho Tse Wai & Partners Firm Benjamin Yu Counsel Respondent Chow Hang Tung Counsel Applicant Johnny Ma Counsel Respondent Linda Wong Counsel Applicant Paul Harris Counsel Applicant

Parties (4)

CHEE FEI MING substituted by PUN LIN FA pursuant to consent order dated 13.10.2014 Applicant Director of Food and Environmental Hygiene Respondent Secretary for Justice Respondent Lands Department Interested Party

Summary

Applications by Chee Fei Ming and Hung Shui Fung for leave to appeal concerning the constitutionality of the government's clearance of unlicensed structures on government land occupied by squatters. The case involved the application of proportionality analysis under the Basic Law to the exercise of statutory powers. The applications were refused.

Statutes Cited

Basic Law
Art 27
Summary Offences Ordinance
s 8(b)

Cases Cited (4)

HK (4)
(2016) 19 HKCFAR 492 [2018] HKCFI 2031 [2019] HKCA 1425 [2020] HKCA 677

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2021] HKCFA 16)