TAM SZE LEUNG AND OTHERS V. COMMISSIONER OF POLICE

[2024] HKCFA 8 Court of Final Appeal 10 April 2024 • FACV7/2023 • 54 min read

11 cases cited (0 SG, 11 foreign) Cited by 2 cases

Practice Areas

Crimes Ordinance Drug Trafficking (Recovery of Proceeds) Ordinance Interpretation and General Clauses Ordinance Securities and Futures Ordinance

Judges (5)

Cheung Coram Fok Coram Lam Coram Lord Collins of Mapesbury Coram Ribeiro Coram

Counsel (9)

Department of Justice Firm O Tse & Co Firm Abraham Chan Counsel Applicant Benjamin Yu Counsel Respondent Crystal Chan Counsel Respondent Geoffrey Yeung Counsel Applicant Jenkin Suen Counsel Respondent Peter Dong Counsel Respondent Timothy Parker Counsel Applicant

Parties (5)

Commissioner of Police Respondent Kong Chan Applicant Lee Ka Lo Applicant Tam Chung Wai Applicant Tam Sze Leung Applicant

Summary

Tam Sze Leung and others appealed against the Commissioner of Police regarding the policing of public assemblies. The Court of Final Appeal considered the proportionality of police restrictions on assemblies and the proper exercise of powers under the Public Order Ordinance. The appeal raised important constitutional questions about the right to peaceful assembly.