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Hong Kong Leading Case proportionalityarticle 39 iccpr incorporation

Tam Sze Leung v Commissioner of Police

(2017) 20 HKCFAR 199
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year2017
StatusBinding authority

Summary

Proportionality analysis for fundamental rights restrictions in HK follows a four-step test: legitimate aim, rational connection, no more than necessary, and fair balance.

Key Principle

Proportionality analysis for fundamental rights restrictions in Hong Kong follows a four-step test: legitimate aim, rational connection, no more than necessary, fair balance.

Area of Law

public-law

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