Fok, Joseph Paul Shiu Kong 霍兆剛
Re admission of Timothy Wynn Owen KC to defend Jimmy Lai Chee Ying in NSL case
HK Court of Final Appeal, 28-Nov-2022
Application for leave to appeal is dismissed. The court writes: "in relation to ad hoc admissions, where national security considerations properly arise, such considerations are plainly of the highest importance to be taken into account. In the present case, however, the SJ has fundamentally changed his case only at the stage of seeking leave to appeal to this Court, raising undefined and unsubstantiated issues said to involve national security which were not mentioned or explored in the Courts below."
HK Court of Final Appeal, 28-Nov-2022
Application for leave to appeal is dismissed. The court writes: "in relation to ad hoc admissions, where national security considerations properly arise, such considerations are plainly of the highest importance to be taken into account. In the present case, however, the SJ has fundamentally changed his case only at the stage of seeking leave to appeal to this Court, raising undefined and unsubstantiated issues said to involve national security which were not mentioned or explored in the Courts below."
HKSAR v Chan Chun Kit
| Summary Offences Ordinance s17
HK Court of Final Appeal, 15-Jul-2022
No thought crimes: in an encouraging sign that the highest HK court (but not the courts below) are robustly pushing back against overreaching prosecutions, the CFA unanimously overturns the Court of Appeal and Magistrate and rules that because cable ties are not manufactured for the purpose of restraining a person, they are outside the scope of the Summary Offences Ordinance, and the defendant's conviction is overturned. Applying the prosecution's wide interpretation would "do violence to the language" and "effectively turn the section into a thought crime" - Chief Justice Andrew Cheung Kui Nung.
HK Court of Final Appeal, 15-Jul-2022
No thought crimes: in an encouraging sign that the highest HK court (but not the courts below) are robustly pushing back against overreaching prosecutions, the CFA unanimously overturns the Court of Appeal and Magistrate and rules that because cable ties are not manufactured for the purpose of restraining a person, they are outside the scope of the Summary Offences Ordinance, and the defendant's conviction is overturned. Applying the prosecution's wide interpretation would "do violence to the language" and "effectively turn the section into a thought crime" - Chief Justice Andrew Cheung Kui Nung.
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