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Press Summary (English)
Press Summary (Chinese)
FACC Nos. 10 and 11 of 2024
[2025] HKCFA 3
FACC No. 10 of 2024
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
FINAL APPEAL NO. 10 OF 2024 (CRIMINAL)
(ON APPEAL FROM HCMA NO. 99 OF 2023)
___________________________
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BETWEEN
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HKSAR
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Respondent
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and
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TANG NGOK KWAN (鄧岳君)
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1
st
Appellant
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TSUI HON KWONG (徐漢光)
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2
nd
Appellant
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___________________________
FACC No. 11 of 2024
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
FINAL APPEAL NO. 11 OF 2024 (CRIMINAL)
(ON APPEAL FROM HCMA NO. 99 OF 2023)
___________________________
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BETWEEN
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HKSAR
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Respondent
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and
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CHOW HANG TUNG (鄒幸彤)
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Appellant
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___________________________
(Heard together)
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Before:
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Chief Justice Cheung, Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Lam PJ and Mr Justice Chan NPJ
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Date of Hearing:
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8 January 2025
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Date of Judgment:
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6 March 2025
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J U D G M E N T
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THE COURT:
1.
Tang Ngok Kwan (“
A1
”), Tsui Hon Kwong (“
A2
”) and Chow Hang Tung (“
A3
”) (together “
the appellants
”), were respectively two committee members and the vice-chairperson of an organization called The Hong Kong Alliance in Support of Patriotic Democratic Movements of China (“
HKA
”) which was incorporated in Hong Kong in 1989.
A. The Notice
2.
On 25 August 2021, the Commissioner of Police (“
CP
”) served Notices in materially identical terms (“
the Notice
”) on each of the appellants requiring them to procure HKA to provide specified information and documents within 14 days. The Notice stated that it was served pursuant to section 3(1) of Schedule 5 (“
Schd 5 s 3(1)
”) of the Implementation Rules
[1]
(“
IR
”) made under Article 43 of the National Security Law
[2]
(“
NSL43
”). In these appeals, one of the main issues is whether the Notice was indeed compliant with and therefore validly served under Schd 5 s 3(1).
3.
The relevant contents of the Notice (in translation) are set out in
Appendix 1
to this judgment. It materially stated:
“According to the police investigation, the [CP]
has reasonable grounds to believe
that the ‘[HKA]’ is a ‘foreign agent’ specified in Section 1 of Schedule 5. Under Section 3(1) of Schedule 5, as the [CP] reasonably believes that it is necessary to issue the requirement of this notice for the prevention and investigation of an offence endangering national security, the Commissioner, with the approval of the Secretary for Security, by this notice served on the ‘[HKA]’, requir
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