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Topic: Kemal Bokhary

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	The Standard - China's Business Newspaper
		Elderly public housing tenants, despite failing in their legal action against the Housing Authority, are heartened with the emergence of a new hero, Court of Final Appeal judge Kemal Bokhary, who dissented against the majority decision and ruled on the side of the tenants.
		Bokhary, whose surname is rendered in Chinese as Bao, was hailed as the "new Bao Qingtian" - a legendary judge from the Song Dynasty renowned for his courage in chastising government officials who became a symbol of justice for peasants.
		In July, Bokhary was also praised for going further than his fellow judges in ruling that police powers to prohibit peaceful assembly on any grounds ran the risk of becoming politically suppressive, bringing down the fundamental freedoms of assembly, speech and expression.
	www.thestandard.com.hk /news_detail.asp?we_cat=4&art_id=6168&sid=5583649&con_type=1&d_str=20051122 (612 words)

	Kemal Bokhary - Wikipedia, the free encyclopedia
		Born into a middle class Pakistani family in Hong Kong, Bokhary received his early education in King George V School, Hong Kong and his legal education in London.
		He was appointed Queen's Counsel in 1983 and Justice of the Peace in 1984.
		Justice Bokhary was appointed a Permanent Judge of the Court of Final Appeal of the Hong Kong Special Administrative Region of the People's Republic of China.
	en.wikipedia.org /wiki/Kemal_Bokhary (204 words)

	Kemal Bokhary - China-related Topics KE-KH - China-Related Topics
		Born into a middle class Pakistani family in Hong Kong, Bokhary received his early education in King George V School, Hong Kong and his legal education in London.
		He was appointed Queen's Counsel in 1983 and Justice of the Peace in 1984.
		Justice Bokhary was appointed a Permanent Judge of the Court of Final Appeal of the Hong Kong Special Administrative Region of the People's Republic of China.
	www.famouschinese.com /virtual/Kemal_Bokhary (265 words)

	Hong Kong - Entries from Thursday, July 13. 2006
		In a nuanced verdict handed down by Court of Final Appeal Justice Kemal Bokhary Wednesday, the court set aside a court-granted "temporary validity" that had allowed the government to continue its unconstitutional spying operations for six months while it enacted a new bill.
		Bokhary's 22-page judgment Wednesday attempted to split the difference, delivering a decision hinging on the fine distinction between a "temporary validity" and a "suspension" of declaration.
		Bokhary's suspension means Hartmann's ruling will not come into force until August 8, effectively allowing covert operations to continue between February 9 and August 8.
	www.the-eleven.com /~tjlegg/index.php?/archives/2006/07/13/C8.html (322 words)

	Political reforms in Hong Kong (Site not responding. Last check: 2007-10-20)
		The power was constitutional, they held, so long as the restrictions were found to be proportional and "no more than necessary to accomplish the legitimate purpose in question".
		Mr Justice Kemal Bokhary, in a dissent longer than the majority ruling, wrote that the commissioner's power of prior restraint - to ban public meetings and processions - was unconstitutional, as was the criminal liability imposed on protesters, with a maximum sentence of five years' imprisonment for holding unauthorised assemblies.
		Mr Justice Bokhary ruled the convictions ought to be quashed.
	daga.dhs.org /daga/readingroom/newsclips/2005/hk2007/50709scmp01.htm (765 words)

	Political reforms in Hong Kong (Site not responding. Last check: 2007-10-20)
		The fifth judge, Mr Justice Kemal Bokhary, went further.
		He ruled that the whole scheme which allows the police to interfere ahead of the protest is unconstitutional in its current form.
		The law has therefore been restricted a little in its scope and will have to be implemented carefully in the future if it is to stand up to challenges in the courts.
	daga.dhs.org /daga/readingroom/newsclips/2005/hk2007/50712scmp09.htm (632 words)

	CHONG CHING YUEN v HKSAR
		I agree with the judgment of Mr Justice Bokhary PJ and the judgment of Sir Thomas Eichelbaum NPJ.
		I have had the advantage of reading in draft the judgment prepared by Sir Thomas Eichelbaum NPJ, and I respectfully agree with his analysis of the material facts and his conclusion that the incompetence of defence counsel had been such as to compromise the fairness of the appellant's trial.
		Having had the advantage of reading in draft the judgment of Mr Justice Bokhary PJ I respectfully agree with his reasons for coming to the same conclusion.
	www.smlawpub.com.hk /cases/2004/0505c.htm (7793 words)

	CESNUR - Falun Gong Updates, January-April 2005
		Permanent Judge of the Court of Final Appeal, Kemal Bokhary, noted that Harris' argument would make it difficult for police officers to execute their duties.
		``Not everyone who has been acquitted can be considered as unlawfully arrested,'' Bokhary said.
		It is the duty of the officers to bring the protesters into the police station either to arrest or question them, he said.
	www.cesnur.org /2005/falun_01.htm (6524 words)

	BBC Monitoring/BBC: Hong Kong Daily Says Falun Gong Verdict Boost for Right to Protest \| Clearharmony - Falundafa in ...
		Court of Final Appeal Judge Mr Justice Kemal Bokhary wrote in the judgment that for powers under the Police Force Ordinance to be constitutional, they have to be read in the context of freedoms and rights guaranteed in the Basic Law.
		In determining whether an obstruction was unlawful, officers would have to consider whether it was unreasonable "in the sense of obstruction that the public cannot be reasonably expected to tolerate".
		In the Falun Gong case, neither the high-ranking officers nor frontline arresting officers mentioned consideration of the "demonstrators' constitutional right of peaceful demonstration" when testifying on how the decision to arrest was made.
	www.clearharmony.net /articles/200505/26421.html (594 words)

	seabrookCFA
		Court: Chief Justice Li, Mr Justice Litton PJ, Mr Justice Ching PJ, Mr Justice Bokhary PJ and Lord Nicholls of Birkenhead NPJ
		I agree with the judgment of Mr Justice Bokhary PJ.
		The Court being unanimous, the appeal is allowed with the result set out at the end of the judgment of Mr Justice Bokhary PJ.
	law.hku.hk /clsourcebook/conlawcase/seabrookCFA.htm (4508 words)

	AsiaMedia :: Story, Print Version (Site not responding. Last check: 2007-10-20)
		Mr Leung and Mr Koo said the decision, though a victory for their cause, had let the government off the hook and they appealed on the grounds that the ruling contravened Hong Kong's post-colonial mini-constitution, the Basic Law.
		Upholding the appeal, Justice Kemal Bokhary said freedom of communication was essential in a free society but stressed some provisions for covert surveillance were needed.
		"The position reached upon a proper balance of the rival considerations is that covert surveillance is not to be prohibited but is to be controlled," Justice Bokhary said.
	www.asiamedia.ucla.edu /print.asp?parentid=48958 (426 words)

	Hong Kong: High Court Agrees to Hear Falun Gong Practitioners' Appeal in Obstruction Case \| Clearharmony - Falundafa in ...
		On December 22, 2004, Andrew Li Kwok-Nang, Chief Justice of the Court of Final Appeal Committee and other committee members listened to the practitioners for over three hours.
		In the afternoon, permanent judge Kemal Bokhary announced that the practitioners will be allowed to appeal.
		The committee stated that the practitioners' claims of being illegally arrested by the police and the 14-month delay in the High Court's verdict are both worthy of discussion by the Court of Final Appeals, which is why the practitioners' request to appeal was approved.
	www.clearharmony.net /articles/200412/24003.html (785 words)

	Green Left - HONG KONG: Activists challenge government snooping (Site not responding. Last check: 2007-10-20)
		While Justice Kemal Bokhary’s July 12 judgement set aside Hartmann’s “temporary validity” order, Bokhary also suspended Hartmann’s declaration that the order authorising phone-tapping was unconstitutional.
		However Bokhary made it clear that the government would not be “shielded from legal liability” for surveillance activities during those six months.
		A new law authorising government phone-tapping is scheduled for voting at the Legislative Council on August 2.
	www.greenleft.org.au /2006/675/6269 (391 words)

	Daai Tou Laam Diary - Entries from July 2006
		The primary decision is written by Mr Justice Bokhary PJ and I'm amazed at the amount of handwaving and foreign Commonwealth Jurisprudence that goes in to this decision.
		All of these decisions go to the splitting of hairs between "temporary validity" versus "suspension", as the decision removes the "temporary validity" provided by the lower court to be replaced by "suspension" under the CFA decision.
		If striking down the law would not pose a danger to the public or threaten the rule of law, then there is no need for Justice Bokhary once again falling back to "the government's need to maintain order" to impose "suspension".
	www.the-eleven.com /~tjlegg/index.php?/archives/2006/07.html (6483 words)

	Friends of Falun Gong USA- News/Media Report (Site not responding. Last check: 2007-10-20)
		The ruling calls into question a section of the Police Force Ordinance which states that a police officer can apprehend “any person who he reasonably believes will be charged, or whom he reasonably suspects of being guilty of an offense.''
		Final appeal judge Kemal Bokhary said Thursday that “it would be sinister if a police officer reasonably believed that a person would be charged with an offense even though he did not reasonably suspect him of being guilty.''
		The judges unanimously agreed the ordinance should ensure that officers must reasonably believe a suspect will be charged and reasonably believe the suspect is guilty.
	www.fofg.org /news/news_story.php?doc_id=1004 (932 words)

	Full-text of Story (Site not responding. Last check: 2007-10-20)
		Known as a savvy lawyer and outspoken judge, Hong Kong-born Mr Justice Bokhary, 49, joined the High Court in 1989.
		Before his appointment in 1993 as an appeal court judge Mr Justice Bokhary conducted the inquiry into the Lan Kwai Fong New Year's Eve tragedy in which 22 people were crushed to death.
		Married to a High Court judge, Verina Bokhary, and has three daughters.
	hongkong97.scmp.com /news/ArchiveArticle19970622234507865.html (118 words)

	newworldcfa
		So, even leaving aside any question of having first to exhaust the avenues of review and appeal available under the regulatory regime concerned, the respondents’ resort to judicial review is plainly premature.
		I agree with the judgments of Mr Justice Bokhary PJ and Mr Justice Ribeiro PJ.
		As the parties are agreed that the costs should follow the event of this Appeal, I would order the respondents to pay the appellant’s costs here and in the courts below.
	law.hku.hk /hkadmlawsb/admlawcases/newworldcfa.htm (13998 words)

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