Recent case law relating to the National Security Law – Hong Kong
See the below NSL-related cases reported by the Hong Kong Court of Final Appeal Reports and Hong Kong Law Reports and Digest to date by subject:
ADMINISTRATIVE LAW
Tong Ying Kit v HKSAR [2020] 4 HKLRD 382 (habeas corpus application)
Tong Ying Kit v HKSAR (No 2) [2020] 5 HKLRD 395 (costs following unsuccessful habeas corpus application)
Tong Ying Kit v Secretary for Justice [2021] 2 HKLRD 1036 (challenge to decision to issue certificate directing criminal case be tried without jury)
Tong Ying Kit v Secretary for Justice [2021] 3 HKLRD 350 (appeal following unsuccessful challenge to decision to issue certificate directing criminal case be tried without jury)
CONSTITUTIONAL LAW
HKSAR v Lai Chee Ying (2021) 24 HKCFAR 33 (constitutional jurisdiction of courts and interpretation of the NSL)
Tong Ying Kit v HKSAR [2020] 4 HKLRD 382 (interpretation of the NSL)
Tong Ying Kit v Secretary for Justice [2021] 2 HKLRD 1036 (prosecutorial independence of Secretary for Justice)
Tong Ying Kit v Secretary for Justice [2021] 3 HKLRD 350 (appeal; prosecutorial independence of Secretary for Justice)
Lai Chee Ying v Secretary for Security [2021] 4 HKLRD 695 (notice directing person not to deal with offence related property without licence)
CRIMINAL EVIDENCE
A v Commissioner of Police [2021] 3 HKLRD 300 (production orders concerning offences in relation to national security)
CRIMINAL LAW AND PROCEDURE
HKSAR v Lai Chee Ying (2021) 24 HKCFAR 33 (principles relating to bail)
Tong Ying Kit v HKSAR (No 2) [2020] 5 HKLRD 395 (costs following unsuccessful habeas corpus application)
HKSAR v Tong Ying Kit [2020] 4 HKLRD 416 (review of bail)
HKSAR v Tam Tak Chi [2021] 2 HKLRD 491 (jurisdiction and power of District Court to try sedition charges)
Tong Ying Kit v Secretary for Justice [2021] 2 HKLRD 1036 (challenge to decision to issue certificate directing criminal case be tried without jury)
HKSAR v Tong Ying Kit (No 2) [2021] 3 HKLRD 87 (amendment to indictment; construction and scope of NSL art.46)
A v Commissioner of Police [2021] 3 HKLRD 300 (production orders concerning offences in relation to national security)
Tong Ying Kit v Secretary for Justice [2021] 3 HKLRD 350 (appeal following unsuccessful challenge to decision to issue certificate directing criminal case be tried without jury)
HKSAR v Chow Ka Shing [2021] 4 HKLRD 109 (bail application)
Lai Chee Ying v Secretary for Security [2021] 4 HKLRD 695 (notice directing person not to deal with offence related property without licence)
COURTS AND JUDICIAL SYSTEM
HKSAR v Lai Chee Ying (2021) 24 HKCFAR 33 (constitutional jurisdiction of courts)
Tong Ying Kit v HKSAR [2020] 4 HKLRD 382 (judicial independence)
HKSAR v Tam Tak Chi [2021] 2 HKLRD 491 (jurisdiction and power of District Court to try sedition charges)
HUMAN RIGHTS
Tong Ying Kit v HKSAR [2020] 4 HKLRD 382 (presumption of innocence)
MEDIA
A v Commissioner of Police [2021] 3 HKLRD 300 (production orders concerning offences in relation to national security; journalistic material)
STATUTORY INTERPRETATION
Lai Chee Ying v Secretary for Security [2021] 4 HKLRD 695 (notice directing person not to deal with offence related property without licence)
WORDS AND PHRASES
HKSAR v Lai Chee Ying (2021) 24 HKCFAR 33 (“continue”; “acts endangering national security”; NSL art.42(2))
Tong Ying Kit v HKSAR [2020] 4 HKLRD 382 (“continue”; NSL art.42(2))
Lai Chee Ying v Secretary for Security [2021] 4 HKLRD 695 (“deal with”; Implementation Rules for art.43 of NSL Sch.3 s.3)