Hong Kong Rule of Law Monitor 香港法治監察

Tag: secession

Extraterritorial reach of National Security Law demonstrated by arrest of Hong Kong student studying in Japan

In March 2023, a Hong Kong student studying at a Japanese university was arrested on a visit back to Hong Kong for allegedly “inciting secession”. The arrest was based on online comments about Hong Kong’s independence which the student had made two years ago when she was in Japan. Her passport was confiscated by Hong Kong police,…

August 8, 2023

NSL, secession, sedition
Why does Tong Ying Kit have to pay HK$1.38m to the Department of Justice?

Tong has now been slapped with court orders to pay HK$1.38m in costs to the Department of Justice, which may well bankrupt him. Costs orders in this kind of situation are wrong in principle because the litigation involves issues of general public importance, and more importantly, because these costs orders punish those who try to…

July 23, 2022

costs orders, department of justice, NSL, prosecutors, secession, terrorism, Tong Ying Kit
Five years for inciting secession: just what the prosecution ordered

The Hong Kong courts get to have their cake and eat it: they borrow the support of the most restrictive common law cases, while distinguishing liberal cases by claiming that the constitutional framework is different.

May 2, 2022

courts, criminal law, NSL, secession, sentencing