However, the second, and consequently third, parts of the appeal were successful. The Chief Justice ruled that the evidence before the magistrate established a practice of routine warnings without prosecution for these offences and that this had led to a legitimate expectation on the part of the appellants that they would not be prosecuted. A sudden alteration of this practice without prior warning was therefore unfair. A case of abuse of process was therefore made out and the Chief Justice ruled that the magistrate should have exercised her power to stay the proceedings. this reason, the appeals were allowed and the charges were dropped.
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This decision was well received in Hong Kong.
It was seen as an affirmation of the rule of law and the independence of the judiciary, principles which are enshrined in the Joint Declaration.
Mr Wright suggests that people in Hong Kong will not be able freely to express their views after 1997. The right to freedom of expression in Hong Kong after 1997 is enshrined in the Joint Declaration and is set out in the Basic Law for the Hong Kong Special Administrative Region. China has consistently reaffirmed its commitment to the Joint Declaration.
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THE EARL OF CAITHNESS