SECRETARY FOR JUSTICE v. CHUI CHI KIN

SECRETARY FOR JUSTICE v. CHUI CHI KIN

The applicant failed to meet the NSL s42(2) threshold because, on evaluative and predictive assessment of the totality of materials (including nomination conduct, materials on the applicant's computer and the rhetorical content of uploaded video footage), there were insufficient grounds to believe he would not continue to commit acts endangering national security; accordingly bail was refused.

Citation
[2021] HKCFI 969
Parties
Respondent: HKSAR; Applicant: CHUI CHI KIN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 April 2021
Case Number
HCCP126/2021
Procedural Posture
Miscellaneous Proceedings (criminal) No 126 of 2021 Bail Application Under National Security Law / Decision on Bail Application (high Court Review of Chief Magistrate's Refusal)
Outcome
Bail application refused
Legal Topics
Conspiracy to Commit Subversion, Bail Under NSL S42(2), Electoral Primaries as Alleged Vehicle for Subversion, Predictive Assessment of Future Dangerousness
Source Language
EN
National Security Law Criminal Law Bail and Pre Trial Release Conspiracy to Commit Subversion Bail Under NSL S42(2) Electoral Primaries as Alleged Vehicle for Subversion Predictive Assessment of Future Dangerousness

Case Brief

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Parties

HKSAR

Respondent

CHUI CHI KIN

Applicant

Procedural Posture

Miscellaneous Proceedings (criminal) No 126 of 2021 Bail Application Under National Security Law / Decision on Bail Application (high Court Review of Chief Magistrate's Refusal)

Legal Issues

  1. 1 Whether the applicant satisfied the stringent NSL s42(2) threshold by showing sufficient grounds for believing he will not continue to commit acts endangering national security
  2. 2 Whether the applicant's participation in the '35+' primaries, subsequent nomination conduct and online material demonstrate a real and substantial risk of future prohibited acts
  3. 3 What weight to give to character evidence, low view counts and proposed bail conditions in a NSL bail assessment

Ratio Decidendi

The applicant failed to meet the NSL s42(2) threshold because, on evaluative and predictive assessment of the totality of materials (including nomination conduct, materials on the applicant's computer and the rhetorical content of uploaded video footage), there were insufficient grounds to believe he would not continue to commit acts endangering national security; accordingly bail was refused.

Court Disposition

Bail application refused

Orders

  • Bail refused