25 Aug 2020
HKSAR v. TONG YING KIT
- Citation
- [2020] HKCFI 2196
- Court
- Court of First Instance
- Case number
- HCCP463/2020
Article 42 of the NSL does not abolish the presumption of innocence or the statutory presumption of bail; it requires that greater weight be given to the risk of re-offending in NSL cases but does not remove the court's bail jurisdiction; on the facts bail was properly refused on conventional grounds (flight risk and risk of re-offending) even without relying on Article 42.