HKSAR v. CHOW KA SHING

HKSAR v. CHOW KA SHING

Applying NSL 42(2) and considering all relevant materials and the proposed bail conditions the court was satisfied there were sufficient grounds to believe the applicant would not continue to commit acts endangering national security and would not fail to surrender or reoffend; accordingly bail was granted.

Citation
[2021] HKCFI 2075
Parties
Respondent: HKSAR; Applicant: Chow Ka Shing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 2021
Case Number
HCCP294/2021
Procedural Posture
Bail Application Under the National Security Law for Conspiracy to Commit Subversion / Application to High Court After Chief Magistrate Refused Bail
Outcome
Bail granted.
Legal Topics
Subversion, Conspiracy, Bail Threshold Under NSL S42(2), S9 G Cap 221 (failure to Surrender/commit Offence on Bail), Legislative Council '35+ Primaries'
Source Language
EN
National Security Law Criminal Law Bail Law Subversion Conspiracy Bail Threshold Under NSL S42(2) S9 G Cap 221 (failure to Surrender/commit Offence on Bail) Legislative Council '35+ Primaries'

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Parties

HKSAR

Respondent

Chow Ka Shing

Applicant

Procedural Posture

Bail Application Under the National Security Law for Conspiracy to Commit Subversion / Application to High Court After Chief Magistrate Refused Bail

Legal Issues

  1. 1 Whether applicant meets the stringent NSL s42(2) bail threshold
  2. 2 Whether there are sufficient grounds to believe applicant will not continue to commit acts endangering national security if released
  3. 3 Whether proposed bail conditions mitigate risk of reoffending and of failure to surrender

Ratio Decidendi

Applying NSL 42(2) and considering all relevant materials and the proposed bail conditions the court was satisfied there were sufficient grounds to believe the applicant would not continue to commit acts endangering national security and would not fail to surrender or reoffend; accordingly bail was granted.

Court Disposition

Bail granted.

Orders

  • Bail granted subject to conditions imposed by the Court