"Here, the Court is presented with what has been described as a “constructional choice”, by which is meant “that there is more than one way of reading” the statutory text.....One might read “[o]ther traffic and transport related matters” (albeit not statutory text, as noted at above) in the narrow way that the magistrate and judge did or in a broader way to include the serious investigative journalism undertaken here by the appellant concerning the use of the vehicle.
In my view, objectively, the latter is to be preferred. It sits more naturally with the catchall nature of “[o]ther traffic and transport related matters”, whereas the magistrate and judge’s approach narrowly limits the category to the appellant’s own use of or involvement with the vehicle itself. It is also a construction which reflects the principle against doubtful penalisation applied by this Court in.....More importantly, it is a constructional choice which gives effect to the constitutionally protected freedom of speech and of the press contained in Article 27 of the Basic Law and Article 16 of the Hong Kong Bill of Rights"
"There are other canons of statutory interpretation that may also be relevant. It is a principle of statutory interpretation that a person should not be penalised except under clear law. Therefore, when considering opposing constructions of a statutory provision, the court presumes the legislature intended to observe this principle and should strive to avoid adopting a construction which penalises a person when the legislator’s intention to do so is doubtful. Similarly, as part of the principle against doubtful penalisation, there is a presumption against the imposition of a statutory interference with freedom of association or of speech without clear words."
📌被告的行為是否侮辱國歌:
即使被告在國歌播放期間唱「Do you hear the people sing」,辯方認為這與有人在播放「獅子山下」時唱「海闊天空」的情況一樣,這情況下不會有人說是侮辱「獅子山下」的歌曲。同樣,「Do you hear the people sing」本身與國歌有相近的意思和意義,即使「Do you hear the people sing」曾於2019年的社會事件時被騎劫,但「Do you hear the people sing」不是2019年的社會事件專利品,當時人們的行為不損這首歌與國歌相近的意思,也不損這首歌的獨立意義。