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Hong Kong
Leading Case
article 42npcsc actsbailone country two systems
HKSAR v Lai Chee Ying
(2021) 24 HKCFAR 33
Key Principle
Article 42(2) of the National Security Law creates a specific and stringent exception to the general presumption in favour of bail: bail may be granted only if the judge has sufficient grounds to believe the accused will not continue to commit acts endangering national security; the NSL itself, as a national law applied to the HKSAR, is not subject to constitutional review by Hong Kong courts.
Area of Law
Practitioner & Recent-Significant Sweep
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