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Recent case law relating to the National Security Law – Hong Kong

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On 30 June 2020, the National People’s Congress Standing Committee added the “Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region” (HKSAR) (the NSL) to the list of laws in Annex III of the Basic Law to be applied locally by way of promulgation by the HKSAR pursuant to art.18(2) and (3) of the Basic Law. The NSL was duly promulgated by the Chief Executive of the HKSAR on the same date.

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)

Yuki Kong
By Yuki Kong
Legal Editor

Yuki Kong is Legal Editor of Hong Kong Law Reports and Digest and Hong Kong Final Court of Appeal Reports. She is a qualified solicitor in Hong Kong and England and Wales.

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