21 Nov 2022
RE AN APPLICATION BY MR TIMOTHY WYNN OWEN KC
- Citation
- [2022] HKCA 1751
- Court
- Court of Appeal
- Case number
- CACV425/2022
Leave to appeal was refused because the Secretary’s newly advanced contentions were not presented earlier and did not disclose reasonably arguable grounds: the NSL-related concerns relied on were factually irrelevant to the present case (no State secrets issue), and imposing a general presumption against ad hoc admission in NSL cases would unlawfully fetter the court’s statutory discretion which must be exercised by flexible case‑specific balancing of public interest factors.