Hong Kong Case Law: Decisions & Judgments

Topic

Nsl s42(2) bail threshold

Legal area

Court

20 Sept 2021

HKSAR v. TAM HOI PONG

Citation

[2021] HKCFI 2669
Court

Court of First Instance
Case number

HCCP417/2021

The judge refused bail because, after evaluating the campaign speeches, social media posts, videos and other materials and assessing the applicant's stated personal circumstances, the court was not satisfied that there were sufficient grounds for believing the applicant would not continue to commit acts endangering national security and therefore the applicant failed to meet the s42(2) threshold for bail.
22 Apr 2021

SECRETARY FOR JUSTICE v. LEE YUE SHUN

Citation

[2021] HKCFI 919
Court

Court of First Instance
Case number

HCCP120/2021

Applying NSL 42(2) and the guidance in HKSAR v Lai Chee Ying, the court found insufficient grounds to believe the respondent would continue to commit acts endangering national security, concluded he crossed the NSL first threshold, and, having considered risk of absconding and existing bail conditions, granted bail on the same terms as imposed by the Chief Magistrate.
9 Apr 2021

SECRETARY FOR JUSTICE v. PANG CHEUK KEI

Citation

[2021] HKCFI 850
Court

Court of First Instance
Case number

HCCP111/2021

On evaluation of all materials the court found the respondent had demonstrated by his past conduct, community work and business activities that there were sufficient grounds to believe he would not continue to commit acts endangering national security (first threshold under NSL s42(2)); the proposed bail conditions adequately ensured surrender to custody (second threshold); accordingly bail as granted by the Chief Magistrate was affirmed and the same conditions imposed.

Hong Kong Case Law

HKSAR v. TAM HOI PONG

SECRETARY FOR JUSTICE v. LEE YUE SHUN

SECRETARY FOR JUSTICE v. PANG CHEUK KEI