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Hong Kong freedom of assemblypublic order obstructionproportionality

Yeung May Wan v HKSAR (Protest Charges)

[2005] HKCFA 24; (2005) 8 HKCFAR 137
JurisdictionHong Kong
CourtHong Kong Court of Final Appeal
Year2005
StatusBinding authority

Key Principle

Obstruction of a public place is an offence only where the obstruction is without lawful excuse and unreasonable; a peaceful demonstration causing some physical obstruction is a reasonable use of the highway protected by the constitutional rights to freedom of assembly and demonstration, so the reasonableness of the obstruction must be assessed with due weight to those rights.

Area of Law

constitutional

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