6 Mar 2025
HKSAR v. CHOW HANG TUNG (鄒幸彤)
- Citation
- [2025] HKCFA 3
- Court
- Court of Final Appeal
- Case number
- FACC11/2024
The Court held that a valid prosecution under IR Schedule 5 s3(3) requires proof that the organization in fact meets the Schd 5 s1 definition of a foreign agent and that the appellants were office-bearers or managers of such an agent; the appellants were entitled to challenge the validity of the Notices in the criminal trial (the 'same person' exception did not apply); the prosecution’s wholesale redaction of the only evidential material upon which foreign agent status depended was self-defeating and deprived the appellants of a fair trial; accordingly the appeals were allowed and convictions…