22 Jun 2021
TONG YING KIT v. SECRETARY FOR JUSTICE
- Citation
- [2021] HKCA 912
- Court
- Court of Appeal
- Case number
- CACV293/2021
On proper construction NSL 46(1) vests a mandatory prosecutorial decision in the Secretary for Justice to direct trial without a jury; that decision is a prosecutorial decision protected by Basic Law 63 and not amenable to conventional judicial review except on the limited grounds of dishonesty, bad faith or other exceptional circumstances; accordingly the applicant's challenge was not reasonably arguable and leave to apply for judicial review was properly refused and the appeal dismissed.