A case was brought by two men, Chan Kin-sum and Choi Chuen-sun, who were in jail during the challenge, and Leung Kwok-hungto challenge the restrictions. The police later amended Mr. All persons, irrespective of sexual orientation, are subject to the common law offence of committing an act outraging public decency.
The Article lists the following classes: Post-operative transsexual persons can apply to change the gender on their identity cards and passports. They ignored police advice for several times, but the procession was at all times peaceful.
Any person has the right to take reasonable steps to stop someone from "breaking or threatening to break the peace", and that "reasonable steps in appropriate cases will include detaining him against his will". In practice, this area is governed by a mixture of common law and statutes. The convictions and the binding over ordered by the Magistrate were restored.
Scores are calculated by summing up the scores for the relevant items. The Hong Kong Immigration Ordinance was amended effective 1 July to rename "Hong Kong belonger" status to "Hong Kong permanent resident" status, with "Hong Kong permanent residents" defined as having the right of abode in Hong Kong.
This section does not cite any sources. In exercising their judicial power conferred by the Basic Law, the courts of the Region have a duty to enforce and interpret that law. No one shall be deprived of his personal liberty except on such grounds and in accordance with such procedure established by law.
Leung and two others were later charged under section 17A 3 b i of the Public Order Ordinance for holding an unauthorized assembly. They have the unqualified power to arrest pursuant to a warrant,  and the police officer effecting the arrest is not responsible for any irregularities in the warrant as long as he is acting pursuant to it.
They affirmed the convictions as the severance did not affect the conviction. The amendment was made retroactive to 1 Julywhich meant that even children who had already arrived in Hong Kong with previously sufficient legal documentation would have been stripped of their right for lack of a certificate that did not yet exist when they entered Hong Kong.
It was held that the applicant had not lost all meaningful or economically viable use of the land, as it could still sell the land. Many children who had already illegally come to Hong Kong or overstayed their visas presented themselves to immigration authorities and claimed that they were entitled to stay in Hong Kong under Article 24 2 3.
The Court of Final Appeal unanimously held that the section was discriminatory as it constitute unnecessary differential treatment on the ground of sexual orientation. The latter requirement was challenged in Fateh Muhammad v. Between and, Vietnamese refugees were resettled in other countries and more than 67, Vietnamese migrants were repatriated.
The constitutionality of this provision was reviewed in Yeung May-wan and Others v. Lee Kwong Kut  when Lord Woolf said: Chan Wah and Others,  the second respondent complained of having been excluded by electoral arrangements from standing as a candidate in village elections on the ground he was not indigenous, although he had lived there all his life.
An arrestable offence in Hong Kong refers to an offence for which the sentence is fixed by law or for which a person may be sentenced to imprisonment for a term exceeding 12 months.
However, as mentioned above, statutes may place the burden of proof on the defendant or make presumptions of facts which require the defendant to prove otherwise. The gauze should be placed in a position that they could inhale the aroma.
Some have argued that the judicial independence of Hong Kong is undermined by the act of Government seeking an interpretation of the Basic Law after a judgment by the judiciary has been made.
It has sparked a hot debate among the public in Hong Kong. Article protects the rights of property and the right to compensation for lawful deprivation of property of individuals and legal persons.Search the world's information, including webpages, images, videos and more.
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The freedom of expression is protected under Article 27 of the Basic Law and Article 16 of the Bill of Rights.
It is regarded as a fundamental right, but the Bill of Rights (and hence the ICCPR) provides that restrictions to it are justifiable provided that the restrictions are provided by law and are necessary for respect of the rights or reputations of others; or .Download