Kwok Wing-hang v Chief Executive in Council [2019] HKCFI 2820 (CFI), [2020] HKCA 192 (CA

In the case of Kwok Wing-hang v Chief Executive in Council [2019] HKCFI 2820 (CFI), [2020] HKCA 192 (CA) (Readings 4(4) on the Moodle page), the Court of First Instance (CFI) held that the Emergency Regulations Ordinance (ERO) was at least partially unconstitutional. On appeal to the Court of Appeal (CA), the ruling of the CFI on this point was reversed, and the CA affirmed the constitutionality of the ERO.

 

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Discuss and assess the strength of the arguments of the Applicants for judicial review and those of the Government (in this litigation) regarding the constitutionality of the ERO, and explain how you would deal with this issue if you were a judge of the Court of Final Appeal (CFA) hearing this case when it is appealed to the CFA.

 

[Note: For the purpose of this essay, you need not consider or discuss the legal issues concerning whether the Prohibition on Face Covering Regulation or any part thereof is invalid because it imposes excessive restrictions on rights and fails to satisfy the “proportionality test” (which you will learn in the second half of this course).]

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