HKSAR vs CHOW HANG TUNG AND OTHERS - 2023 Supreme(HK)(HKMagC) 2

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HK)(HKMagC) 2

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

____________________

BETWEEN
	HKSAR
	and
	Chow Hang Tung (鄒幸彤)	D1
	Tang Ngok Kwan (鄧岳君)	D2
	Tsui Hon Kwong (徐漢光)	D5

____________________

Coram: Mr Peter Law, Principal Magistrate

Date of Verdict: 4 March 2023

__________________________

V E R D I C T

__________________________

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

Evaluation of evidence
Finding of facts
Legality of the Notice
The Requirement
The Challenges

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

The Open letter
Statutory defence
The Verdict

Attachment [1]	The investigation report compiled by PW1
Attachment [2]	The application to the Commissioner of Police and the Commissioner submitted for approval by the Secretary for Security
Attachment [3]	A chart showing (i) the content and information before the Commissioner and (ii) the corresponding content and information upon which PW1 based as recorded in Attachment [1]

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

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