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FAMC Nos 60 & 61 of 2004
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS Nos 60 & 61 OF 2004 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 16 OF 2003 )
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LEUNG KWOK HUNG
FUNG KA KEUNG
LO WAI MING
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1st Applicant
2nd Applicant
3rd Applicant
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and
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HONG KONG SPECIAL ADMINISTRATIVE REGION
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Respondent
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_____________________
Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 6 January 2005
Date of Determination: 6 January 2005
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D E T E R M I N A T I O N
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Mr Justice Bokhary PJ:
1. The Court of Appeal has certified three questions as questions of law of great and general importance involved in this case. Those three questions boil down to one and the same question. Is the scheme which the Public Order Ordinance lays down for notification and control of public processions constitutional? The answer to that question is likely to affect also the scheme which the same Ordinance lays down for notification and control of public meetings.
2. There can be no doubt that this matter merits consideration by the highest court. Leave to appeal to the Court of Final Appeal is granted.
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(Kemal Bokhary)
Permanent Judge
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(Patrick Chan)
Permanent Judge
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(R.A.V. Ribeiro)
Permanent Judge
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First applicant in person
Mr Martin Lee SC and Mr Erik Shum (instructed by Messrs Ho, Tse, Wai & Partners and assigned by the Legal Aid Department) for the 2nd and 3rd applicants
Mr Gavin Shiu and Mr David Leung (of the Department of Justice) for the respondent
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