23 Feb 2026
HKSAR v. WONG JI YUET
- Citation
- [2026] HKCA 284
- Court
- Court of Appeal
- Case number
- CACC263/2024
[2026] HKCA 284
23 Feb 2026
[2026] HKCA 284
23 Feb 2026
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…
13 May 2022
Bail refused because the court was not satisfied that the applicant would not continue to commit acts endangering national security, given his sustained political influence and history of lobbying for international sanctions including Patreon activity and task force participation.
28 Apr 2022
Applying NSL s42(2) the judge was not persuaded, on the totality of the applicant's statements, activities, publications and international influence, that there were sufficient grounds to believe she would not continue to commit acts endangering national security; accordingly bail was refused.
6 Apr 2022
The applicant failed the first NSL threshold: the court was not satisfied there were sufficient grounds to believe he would not continue to commit acts endangering national security, based on his participation in the Primaries, public statements, media activities and demonstrable determination, therefore bail is refused.
12 Aug 2021
Applying NSL 42(2) and considering all relevant materials and the proposed bail conditions the court was satisfied there were sufficient grounds to believe the applicant would not continue to commit acts endangering national security and would not fail to surrender or reoffend; accordingly bail was granted.
3 Jun 2021
Applying NSL 42(2) and HKSAR v Lai Chee Ying, the judge conducted a predictive and evaluative assessment of all material and concluded there were insufficient grounds to believe the applicant would not continue to commit acts endangering national security given his pivotal organisational role, public fundraising and publicity linking to bank accounts, use of council office as a polling station and public statements; accordingly the bail threshold was not met and bail was refused.
28 May 2021
On a predictive and evaluative assessment of all material, the judge found there were not sufficient grounds to believe the applicant would not continue to commit acts endangering national security if released on bail and accordingly refused bail.
13 May 2021
The court found on the material before it that the applicant failed to satisfy the NSL s42(2) threshold because there were not sufficient grounds to believe he would not continue to commit acts endangering national security if released on bail; accordingly bail was refused.
13 May 2021
Bail refused because, applying the NSL s42(2) standard and the predictive evaluative exercise in HKSAR v Lai Chee Ying, the applicant's persistent public statements, participation in the 35+ primaries and demonstrated determination to pursue the 'five demands' provided insufficient grounds to believe he would not continue to commit acts endangering national security if released.