| Basic information | Substance of the ruling | Accessibility of the case and further relevant links | |||||||
| Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
| September 7. 2023. | Court of Final Appeal of Hong Kong | Freedom of assembly | The Hong Kong Court of Final Appeal held that the public health restrictions on gatherings ordered during the curfew period had no longer general importance after the lifting of these measures. | Four pro-democracy politicians were convicted and sentenced to a 14-day-long inprisonment in May 2021. due to the alleged violation of distance-keeping in a labour day protest held in May 1. 2021. The politicians appealed against these decisions which were rejected by the High Court of Hong Kong, then, appellants turned to the Court of Final Appeal. The appellants argued that although the fact that all public health restrictions on freedom of gathering have been lifted in March 2023. the issue still constitutes a matter of general importance, because similar epidemics may entail similar regulations in the future. The High Court of Appeal rejected this argument and considered that the constitutional review of Covid-related restrictions do not constitute a matter of general importance anymore, therefore, the appellations were rejected. |
https://hongkongfp.com/2023/09/07/top-hong-kong-court-says-it-refused-to-hear-democrats-appeal-since-covid-rules-no-longer-issue-of-general-importance/; https://hongkongfp.com/2023/09/04/4-hong-kong-democrats-bid-for-final-appeal-against-covid-related-convictions-rejected-by-top-court/ |
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| December 21. 2020. | Kwok Wing Hang and Ors v Chief Executive in Council (No. 6. 2020) | Hong Kong Court of Final Appeal | Right to assembly; freedom of expression; right to privacy | The Hong Kong Court of Final Appeal considered, that the prohibition of face covering on assemblies ordered in 2019. meant a proportionate restrictions of right to assembly, freedom of expression and right to privacy, even in the context of the public health emergency. | It was ordered in 2019. by the Hong Kong Government that mask covering is forbidden in demonstrations to avoid further violent action in such assemblies. 24 parliamentarians from Hong Kong challenged the act, but this was rejected by the lower court, while partially upheld by the Court of Appeal. The Court of Final Appeal found, that the prohibition on face covering during demonstrations meant a proportionate assessment of all the circumstances and amounted to a reasonable interference into right to assembly, freedom of expression and right to privacy, even in the context of the public health emergency. | https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=132498&QS=%28kwok%2Bwing%2Bhang%29&TP=JU | https://vlex.hk/vid/kwok-wing-hang-and-853580979 | https://www.covid19litigation.org/case-index/hong-kong-court-final-appeal-kwok-wing-hang-and-ors-v-chief-executive-council-no-6-2020 | |
