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Hong Kong government adds “national security” terms to land sales
The Hong Kong government’s Lands Department has added national security terms to all land sale and short-term lease tender documents. The clause stipulates that prospective buyers can be disqualified if they or their parent firms engage in activities that “endanger national security” or affect “public order”. Investors have expressed worries that such practice might be…
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Apple Daily executives plead guilty to “collusion with foreign forces” under the NSL
On 22 November 2022, six former staff members of Apple Daily and its parent company Next Digital pleaded guilty to a conspiracy to commit “collusion with foreign forces” in violation of the NSL. The staff members were accused of conspiring with Apple Daily founder Jimmy Lai, and three companies linked with Apple Daily, to publish…
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NPCSC issues NSL interpretation, allowing Hong Kong government to control overseas lawyers’ involvement in national security trials
On 30 December 2022, the National People’s Congress Standing Committee (“NPCSC”) issued its first interpretation of the Hong Kong National Security Law (“NSL”). The interpretation declares that, for national security cases, the Hong Kong courts must seek a certificate from the Hong Kong Chief Executive (“CE“) before allowing an overseas lawyer to represent a defendant;…
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Australian justice Patrick Keane appointed to Hong Kong’s top court
Former Australian high court judge Patrick Keane is set to be appointed to the CFA as a non-permanent judge (“NPJ”). This appointment, expected to be approved by Hong Kong’s legislature, has been utilised by Hong Kong’s chief executive to claim “a high degree of confidence” in Hong Kong’s legal system, thus providing a veneer of…
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Baptist University reports its own professor to Hong Kong police
Justin Wong, an assistant professor at Hong Kong Baptist University’s visual arts department, has fled Hong Kong after being informed that the university’s top brass contacted the Hong Kong police about an article he produced for an academic magazine. Wong’s article analysed the visual symbols and imagery used in the 2019 anti-extradition protests, such as…
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Police watchdog dismisses complaint by reporter hit by police projectile during protests
In January 2023, the Independent Police Complaints Council (“IPCC”) dismissed a journalist’s complaint against the police. The journalist formerly worked for Commercial Radio, and had been shot by the police with a sponge grenade during the 2019 protests. The reporter first made his complaint to the Complaints Against Police Office (“CAPO”), a division within the…
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The NSL’s extraterritorial reach: Hong Kong police harass families of overseas Hong Kongers
After attaining “comprehensive control” over Hong Kong, the Chinese Communist Party (“CCP”) is increasing its efforts to crack down on Hong Kongers in the diaspora. The NSL purports to have extraterritorial application, criminalizing acts committed outside of the Hong Kong territory (even by non-nationals). This flies in the face of basic international law principles regarding…
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Transgender activists win gender recognition appeal over ID cards
On 6 February 2023, the CFA gave judgment in favour of transgender activist Henry Tse and his co-appellant, “Q”. The court held that it is unconstitutional to require a person to undergo full sex reassignment surgery (“SRS”) before they can amend the gender marker on their Hong Kong identity card. The court noted that medical…
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Beijing appoints national security hardliner to head Hong Kong office
The PRC State Council has appointed Zheng Yanxiong, 59, to lead the central government’s Liaison Office in Hong Kong (i.e. as its top representative in Hong Kong), replacing Luo Huining. Zheng rose through the local government ranks in Guangdong province, and served as secretary general of the provincial Communist Party committee. He is best known…
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Court refuses DOJ attempt to re-arrest acquitted protestors
In January 2023, the DOJ applied to court to re-arrest nine individuals who had already been tried and acquitted of unlawful assembly and riot charges. DOJ prosecutor Ivan Cheung sought the arrest warrants to prevent those individuals from leaving Hong Kong pending the prosecution’s appeal. The judge refused the warrants as these individuals had already…