14 Mar 2024
HKSAR v. CHOW HANG TUNG AND OTHERS
- Citation
- [2024] HKCFI 553
- Court
- Court of First Instance
- Case number
- HCMA99/2023
In a 'same person' case under Schedule 5 the legality of a notice is not a constituent element of the criminal offence and is not open to collateral challenge in the criminal trial; the prosecution need only prove the notice was valid on its face, was duly served, that appellants were office‑bearers or managers, and that they failed to comply without due diligence; PII redactions and witness refusals were compatible with a fair trial in the national security context; the convictions and custodial sentences of 4.5 months were appropriate and upheld.