Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Oath and constitutional duty
  • 23 Feb 2026

    HKSAR v. YEUNG SUET YING CLARISSE AND OTHERS

    Citation
    [2026] HKCA 284
    Court
    Court of Appeal
    Case number
    CACC253/2024

    On a purposive construction informed by NPC legislative materials, "other unlawful means" in NSL 22 encompasses all unlawful means other than force or threat of force and is not restricted to criminal offences; an honest belief in lawfulness is relevant evidence to mens rea but does not negate the specific intent required for NSL 22; the Scheme to obtain a LegCo majority to indiscriminately veto budgets in order to trigger BL50-52 consequences was an unlawful means and a prohibited Course of Conduct under NSL 22(3); LegCo members are bound by BL104 oath and cannot use constitutional powers to…