Government welcomes CFA judgment on appeal of unauthorised assembly case
The Court of Final Appeal (CFA) today (August 12) unanimously dismissed the appeals of seven appellants including Lai Chee-ying arising out of their knowingly taking part in an unauthorised assembly on August 18, 2019. The Hong Kong Special Administrative Region (HKSAR) Government welcomes the CFA's judgment.
The CFA reiterated that the defendants' applications for leave to appeal on the ground of challenging the trial Judge's factual findings had been refused. The court also stated in its judgment that the appellants' constitutional challenges against section 17A(3)(a) of the Public Order Ordinance (Cap. 245) had failed, and they had not raised any constitutional challenge against the Commissioner of Police's decision to ban the march, and that was not to suggest that such a challenge would have succeeded as there were compelling reasons to accept that the Commissioner of Police's decision had been constitutionally sound and proportionate.
The CFA has explained and modified the legal concept of "operational proportionality", placing it in the well-established framework for constitutional challenges in this jurisdiction. In view of the differences between the respective frameworks for human rights challenges in Hong Kong and the United Kingdom (UK), the court also held that the decisions of the two UK cases should not be followed in Hong Kong, and rejected the appellants' argument that each of a defendant's arrest, prosecution, conviction and sentence must be separately justified as proportionate.
The HKSAR Government reiterated that Hong Kong citizens have the rights to peaceful assembly and procession conducted in accordance with the law. That said, these rights must be exercised in conformity with the relevant legislation to ensure the safeguarding of national security, public order, public safety and the protection of the rights and freedom of others. The impact of such public events on members of the public should also be minimised.
The HKSAR Government spokesman said, "Hong Kong residents have the obligation to abide by the laws in force in the HKSAR. Equality before the law is one of the fundamental facets of the rule of law, and all persons, regardless of race, rank, politics or religion, are subject to the laws of the land."
HKSAR Government expresses strong disapproval of US's imposition of so-called reciprocal tariff on products of Hong Kong
The Government of the Hong Kong Special Administrative Region (HKSAR) today (April 3) expressed strong disapproval of and discontent with the United States (US)'s imposition of the so-called reciprocal tariff as well as its elimination of the duty-free de minimis treatment for and imposition of duty on covered goods from Hong Kong with effect from May 2.
A spokesman for the HKSAR Government said, "The US's measures are bullying and unreasonable, and grossly inconsistent with the World Trade Organization (WTO) rules, willfully undermining the multilateral trading system which is the cornerstone for international trade. Once again, the HKSAR Government firmly requests the US to withdraw its so-called reciprocal tariff measures."
The spokesman said that Hong Kong, being a free port, supports and upholds free trade all along. Hong Kong has never imposed any tariffs on imported goods including those from the US. The US's imposition of the so-called reciprocal tariff is illogical. As a separate customs territory under the "one country, two systems" principle, Hong Kong has put in place an effective system for import and export, including the origin certification system, trade declaration and manifest requirements, and has taken robust enforcement actions on this basis. The US's allegation about the imposition of the so-called reciprocal tariff on Hong Kong products due to the risk of transshipment and evasion is ungrounded, fully showing that it is a bullying act for suppressing its competitors.
"In 2023, the US was the third largest trading partner of Hong Kong, with the total merchandise trade value amounting to US$60.3 billion. During the past 10 years, the US has realised a trade surplus of US$271.5 billion with Hong Kong, the largest among its global trading partners. The US's measures are mere unilateral protectionism that harm the interests of all," the spokesman added.
As for the duty-free de minimis treatment for postal items despatched from Hong Kong to the US, the US has been repeatedly changing its policies unilaterally. Hongkong Post has requested the postal administration of the US to promptly clarify the matter and should not cause inconvenience to the public. From now until May 2, Hongkong Post will temporarily maintain postal services to the US but will not collect any so-called tariffs on behalf of the US authorities.
In sum, the HKSAR Government will continue to closely monitor and assess any unilateral measures of the US that are inconsistent with fair trade and take actions to defend Hong Kong's legitimate interests, including filing of a complaint in accordance with the WTO dispute settlement mechanism.
