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Questioning MTR's "zero tolerance" policy violates constitutional Labour party appeal to final court over non-compliance notice

2020-01-16T09:46:04.145Z


In 2016, the current chairman of the Labour Party, Guo Yongjian, demonstrated in the Kowloon Tong MTR station pay zone to protest the MTR fare increase. He was found guilty in the Magistrates' Court of failing to comply with the notice, but MTR later appealed, and Guo Guo was fined 900 yuan. Guo dissatisfied, intending to appeal to the Court of Final Appeal, but the High Court earlier rejected the permit to the Court. The High Court issued a reasoning for the interpretation of the judgment today (16th), stating that Guo's argument was not involved in a significant legal dispute, so he was defeated. The judgment also revealed that Guo had appealed to the final court.


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Written by: Zhu Xixin

2020-01-16 17:31

Last updated: 2020-01-16 17:31

In 2016, the current chairman of the Labour Party, Guo Yongjian, demonstrated in the Kowloon Tong MTR station pay zone to protest the MTR fare increase. He was found guilty in the Magistrates' Court of failing to comply with the notice, but MTR later appealed, and Guo Guo was fined 900 yuan. Guo dissatisfied, intending to appeal to the Court of Final Appeal, but the High Court earlier rejected the permit to the Court. The High Court issued a reasoning for the interpretation of the judgment today (16th), stating that Guo's argument was not involved in a significant legal dispute, so he was defeated. The judgment also revealed that Guo had appealed to the final court.

One of the grounds of appeal earlier mentioned by Guo Yongjian was to question whether MTR's "zero tolerance" policy is constitutional and violates freedom of speech and demonstration. The judge pointed in the verdict, and in his retrial of Guo Guicheng, he considered "zero tolerance" only after considering whether the instructions of the MTR staff were reasonable. Whether or not "zero tolerance" is constitutional is not a legal point of view involved in the decision.

In addition, Guo also questioned whether the "proportionality test" should be used when considering instructions from MTR staff to restrict basic rights. The judge stated in his judgment that he used this test to consider whether the instructions of the MTR staff at that time were reasonable. The judge also stated in his judgment that Guo had appealed to the Court of Final Appeal.

Case number: HCMA410 / 2018

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MTR Court of Final Appeal

Source: hk1

All news articles on 2020-01-16

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