Hong Kong Case Law: Decisions & Judgments

Topic

Seditious offences

Legal area

Court

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…
2 Dec 2020

HKSAR v. TAM TAK CHI

Citation

[2020] HKDC 1153
Court

District Court
Case number

DCCC930/2020

To avoid potential ultra vires consequences and collateral litigation on jurisdiction, the listing judge exercised administrative powers to list the substantive jurisdictional argument before a designated judge pursuant to the requirement in Article 44(3) of the National Security Law and the judiciary's responsibility for assignment of judges.
2 Dec 2020

HKSAR v. TAM TAK CHI

Citation

[2020] HKDC 1153
Court

District Court
Case number

DCCC927/2020

The listing judge exercised administrative power over case assignment and, to avoid potential ultra vires challenges and collateral litigation, directed that the substantive jurisdictional argument be heard by a designated judge; the decision was administrative and did not construe the National Security Law, leaving substantive determination to the designated judge.

Hong Kong Case Law

HKSAR v. TAM TAK CHI

HKSAR v. TAM TAK CHI

HKSAR v. TAM TAK CHI