Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Nsl s42(2) threshold

  • 9 Apr 2021

    SECRETARY FOR JUSTICE v. HO KAI MING KALVIN

    Citation
    [2021] HKCFI 864
    Court
    Court of First Instance
    Case number
    HCCP112/2021

    The court concluded on an evaluative and predictive assessment that the respondent had satisfied the NSL s42(2) first threshold (sufficient grounds to believe he would not continue to endanger national security) and also met the second threshold under the Criminal Procedure Ordinance because the bail conditions set by the Chief Magistrate adequately ensured surrender to custody and minimized reoffending/absconding risk; accordingly the review application was dismissed and bail maintained on the Chief Magistrate's terms.

  • 1 Apr 2021

    SECRETARY FOR JUSTICE v. CHENG TAT HUNG (鄭達鴻)

    Citation
    [2021] HKCFI 792
    Court
    Court of First Instance
    Case number
    HCCP110/2021

    Having considered all materials and submissions, the court was satisfied that the stringent NSL Art 42(2) threshold was met because there were sufficient grounds to believe the Respondent would not continue to commit acts endangering national security; accordingly the bail granted by the Chief Magistrate was endorsed and the Applicant's review application was refused.