Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interpretation of national law
  • 9 Apr 2021

    HKSAR v. TAM TAK CHI

    Citation
    [2021] HKDC 424
    Court
    District Court
    Case number
    DCCC930/2020

    The National Security Law renders s10 sedition offences offences endangering national security and therefore indictable in the sense of being 'tried on indictment', but Arts 45 and 62 of the NSL permit and require Hong Kong courts including the District Court to handle such cases in accordance with HKSAR law; where local law is inconsistent the NSL prevails and the Second Schedule to the Magistrates Ordinance must be adapted accordingly. Consequently the magistrate validly transferred the sedition charges under the Magistrates Ordinance and the District Court has jurisdiction to try them; the…