Read the full judgment text of HCCP 738/2020 on BabelCite. This Court of First Instance judgment was delivered on 23 February 2021 before Anthea Pang J.
Criminal law – bail – National Security Law – Article 42(2) – stringent threshold for grant of bail – charge of collusion with a foreign country or with external elements to endanger national security contrary to Article 29(4) of the NSL – review of Chief Magistrate's refusal of bail under section 9J of the Criminal Procedure Ordinance, Cap. 221 – applicant is prominent media proprietor with substantial financial means and connections – publication of statements in public domain alleged to constitute prohibited acts – applicant offered additional bail conditions including termination of home internet service and regulation of visitors – whether there are sufficient grounds for believing the applicant will not continue to commit acts endangering national security – NSL 42(2) creates a specific exception to the ordinary HKSAR bail principles, importing a stringent threshold – court must consider all relevant matters including inadmissible-at-trial materials and may have regard to factors in CPO 9G(2) – predictive and evaluative risk assessment looking to the future – Third and Fourth Affirmations of Senior Inspector Lo regarding financial transactions and subsequent NSL arrest were credible materials not to be ignored – prohibited acts construed broadly as acts capable of constituting an offence under the NSL or HKSAR national security laws, not limited to the specific acts forming the charge – applicant's background, associations, financial means and resolve are relevant to the assessment – proposed bail conditions insufficient given the various modes of committing prohibited acts and practical enforcement difficulties – illogicality arguments rejected because matters must be considered holistically – application refused – reporting restrictions under section 9P of the CPO apply to bail proceedings – written reasons given in the interests of public justice.
Legal issues: Application of NSL 42(2) bail threshold and assessment of sufficient grounds
Outcome: Application for review of bail refusal dismissed; bail refused.
Cited by 37 cases · Cites 2 cases