31 Jul 2024
HKSAR v. TANG NGOK KWAN (鄧岳君), TSUI HON KWONG (徐漢光)
- Citation
- [2024] HKCFA 22
- Court
- Court of Final Appeal
- Case number
- FAMC13/2024
The Appeal Committee granted leave to appeal on three reformulated questions because those issues were of requisite importance and reasonably arguable: (1) the proper elements of the offence under IR Schd 5 s 3(3) including whether actual status of the organization must be proved; (2) application and scope of the ‘same person’ test to collateral challenges; and (3) whether a Notice can require pre‑NSL information. Leave on SGI was granted limited to whether the courts’ upholding of public interest immunity was erroneous and/or denied a fair trial. Leave was refused on other questions as not r…