Press Summary (English)

Press Summary (Chinese)

WKCC 3633/2021

[2023] HKMagC 2

IN THE WEST KOWLOON MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3633 OF 2021

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Coram: Mr Peter Law, Principal Magistrate

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V E R D I C T

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CONTENTS

Introduction
The Facts
Public Interest Immunity and Legal Professional Privilege
Preliminary issues
The Trial proper
The Evidence

PW1
PW2
D1
The principles, history and the operation
Explanation on the $20,000 from Org 4
Explanation on the $3,000 from “Asia Democracy Network”
Interaction with other entities
Donations
The allegation of foreign agent
Incorrect construction by PW1
Unreasonableness
Oppression
Legal issue
Other matters

Systemic
The National Security Law
The Implementation Rules
Operational
“Reasonable grounds to believe” it to be a foreign agent
The material times
Reasonable belief as to necessity
Use of wordings
Retrospective
Alternatives
Ulterior motive
Oppression
Balancing
Issuing the Notice
Conclusion

Introduction

1. D1, D2, D5 and others are facing one count of failure to comply with notice to provide information.

2. The particulars of the offence:

“… on the 8 ^th day of September, 2021, being an office-bearer of Hong Kong Alliance in Support of Patriotic Democratic Movements of China in Hong Kong, or a person managing or assisting in the management of the said organization in Hong Kong, who has been served with a notice under section 3(1)(b) of Schedule 5 to the Implementation Rules for Article 43 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (Instrument A406A), failed to comply with the said notice