20 May 2021
TONG YING KIT v. SECRETARY FOR JUSTICE
- Citation
- [2021] HKCFI 1397
- Court
- Court of First Instance
- Case number
- HCAL473/2021
The applicant was refused leave because the NSL 46(1) certificate is a prosecutorial decision protected by Basic Law 63 and not susceptible to ordinary judicial review absent evidence of bad faith, political instruction or similar constitutional defects; there is no constitutional right to a jury trial upon preferment of indictment in the circumstances; Secretary for Justice was not required to notify or hear the applicant before issuing the certificate; the applicant's grounds were not reasonably arguable.