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Hong Kong Leading Case national security lawarticle 27 fundamental rights

HKSAR v Tong Ying Kit

[2021] HKCFI 2200
JurisdictionHong Kong
CourtHK Court of First Instance
Year2021
StatusBinding authority

Summary

First NSL conviction: displaying protest slogan 'Liberate Hong Kong' held capable of constituting incitement to secession under the National Security Law.

Key Principle

The HKCFI convicted the defendant under the National Security Law for terrorism and inciting secession; the court held that displaying a protest slogan could constitute inciting secession if it communicated a secessionist message.

Area of Law

criminal

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Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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