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."
Hong Kong Customs detects three cases involving possession and trafficking of suspected "space oil drug" and other dangerous drugs by passengers
Hong Kong Customs yesterday (January 21) detected three cases involving possession and trafficking of suspected etomidate (the main ingredient of "space oil drug"), a kind of Part 1 poison under the Pharmacy and Poisons Regulations, and suspected dangerous drugs by outgoing passengers at the Lo Wu Control Point, the West Kowloon Station of the Guangzhou-Shenzhen-Hong Kong Express Rail Link (XRL) and the Lok Ma Chau Control Point. A total of four suspected "space oil drug" capsules, one vape stick containing suspected "space oil drug", 1.4 grams of suspected ketamine and 12.63 grams of suspected cocaine were seized.
The first case involved a local male passenger, aged 40, who went to the Mainland via the Lo Wu Control Point yesterday. During customs clearance, two suspected "space oil drug" capsules were found in his briefcase and 1.4g of suspected ketamine was found inside the underpants the man was wearing. He was subsequently arrested.
The second case involved a 23-year-old Mainland female passenger. The woman departed for the Mainland via the West Kowloon Station of the XRL yesterday. During customs clearance, one vape stick containing suspected "space oil drug" was found. She was then arrested.
The third case involved a local female passenger, aged 31, who went to the Mainland via the Lok Ma Chau Control Point yesterday. During customs clearance, two suspected "space oil drug" capsules and 12.63g of suspected cocaine were found in her handbag and underwear. She was then arrested.
The man in the first case has been released on bail pending further investigation. The arrested woman of the second case has been charged with one count of possession of Part 1 Poison and the case will be brought up at the Kowloon City Magistrates' Courts tomorrow (January 23). The arrested woman of the third case has been charged with one count of possession of Part 1 Poison and one count of trafficking in a dangerous drugs and the case will be brought up at the Fanling Magistrates' Courts tomorrow.
Under the Pharmacy and Poisons Ordinance, any person who possesses any poison included in Part 1 of the Poisons List other than in accordance with provisions commits an offence. The maximum penalty upon conviction is a fine of $100,000 and imprisonment for two years.
Under the Dangerous Drugs Ordinance, any person who possesses any dangerous drug commits an offence. The maximum penalty upon conviction is a fine of $1 million and imprisonment for seven years. Any person who traffics any dangerous drug commits an offence and the maximum penalty upon conviction is a fine of $5 million and life imprisonment.
Members of the public may report any suspected drug trafficking activities to Customs' 24-hour report hotline 182 8080 or its dedicated crime reporting email account (crimereport@customs.gov.hk) or online form (eform.cefs.gov.hk/form/ced002).
Hong Kong Customs detects three cases involving possession and trafficking of suspected "space oil drug" and other dangerous drugs by passengers Source: HKSAR Government Press Releases
Hong Kong Customs detects three cases involving possession and trafficking of suspected "space oil drug" and other dangerous drugs by passengers Source: HKSAR Government Press Releases
Hong Kong Customs detects three cases involving possession and trafficking of suspected "space oil drug" and other dangerous drugs by passengers Source: HKSAR Government Press Releases
Hong Kong Customs detects three cases involving possession and trafficking of suspected "space oil drug" and other dangerous drugs by passengers Source: HKSAR Government Press Releases