References:  EMLR 777,  3 HKLRD 418,  HKCFA 35 Links: hklii Coram: Chief Justice Li, Mr Justice Bokhary PJ, Mr Justice Ribeiro PJ, Sir Denys Roberts NPJ and Lord Nicholls of Birkenhead NPJ (Court of Final Appeal of Hong Kong) For the purposes of the defence to defamation of fair comment: ‘The comment … Continue reading Tse Wai Chun Paul v Albert Cheng; 13 Nov 2000
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The defendants appealed a ruling by the recorder that electronic storage devices were ‘articles’ within s57. S58 dealt with documents, and section 57 with articles. Held: Hooper LJ said: ‘There is no practical difference between a book which a person can read (perhaps with help) and a CD which can be read by inserting it … Continue reading M and Others, Regina v: CACD 7 Feb 2007
G was to stand trial for possession of articles useful for terrorism. Whilst in prison, he collected and created diagrams and information and prepared plans to bomb a local army centre. When arrested he said he had done so to upset the prison officers. He suffered paranoid schizophrenia. It had been held that his mental … Continue reading Regina v G; Regina v J: HL 4 Mar 2009
The Court considered the nature of the documents which fall within the section and, secondly, the scope of the defence of reasonable excuse under section 58(3).
Held: ‘A document or record will only fall within section 58 if it is of a kind . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedingsThe claimant said that he had been severely beaten whilst detained in police custody for interview. Held: ‘Article 3 enshrines one of the most fundamental values … Continue reading Selmouni v France: ECHR 28 Jul 1999
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
The defendant had been convicted of possessing articles for terrorist purposes, namely a notebook with notes setting out how to construct a mortar bomb in his handwriting. There was also a coded list of potential targets. Held: The decision in R v M ‘that ‘articles’ within the meaning of section 57 cannot extend to documents … Continue reading Rowe v Regina: CACD 15 Mar 2007
Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006
Possessing information likely to be useful to terrorism . .
The defendants sought leave to appeal against their convictions for conspiracy to murder after involvement in a plot to explode several bombs on the London Transport system. They said that it had not been their intention to explode the devices.
Renewed application for leave to appeal from convictions of offences preparatory to terrorism. . .
The defendant sought to defend the claim for defamation by claiming fair comment. The claimant said that the relevant facts were not known to the defendant at the time of the publication.
Held: To claim facts in aid of a defence of fair . .
The defendants, accused of offences under the 2000 Act, appealed an interim finding that documents stored on computers could amount to ‘articles’ within the Act. They said that the existence of sections 57 and 58 suggested two distinct regimes, one . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .