ARCHBOLD HONG KONG 2025
Editor-in-Chief: The Hon Mr Justice Bokhary
Normal Editor: Professor Simon Younger
Candy & Maxwell
October 2024
Preface by the Normal Editor
The SNSO fulfils the Hong Kong Particular Administrative Area’s obligation to enact legal guidelines by itself to ban seven kinds of nationwide safety threats, as mandated by Article 23 of the Fundamental Regulation. The Regulation of the Folks’s Republic of China on Safeguarding Nationwide Safety within the Hong Kong Particular Administrative Area (“NSL”) of June 2020 lined two of these prohibitions (i.e. secession and subversion) and added new crimes to handle terrorist actions and collusion with a international nation or exterior factor. The SNSO completes the nationwide safety ecosystem by modernising earlier offences (e.g. treason, misprision of treason, illegal drilling, incitement to mutiny or disaffection, sedition, and offences in reference to state secrets and techniques and espionage), including new ones (e.g. rebel, sabotage, acts in relation to computer systems and digital programs, exterior interference, disclosing a nationwide safety investigation, harassing individuals dealing with nationwide safety instances/work), and conferring new government powers to ban organisations endangering nationwide safety.
Maybe probably the most controversial points of the SNSO are the departures from procedural norms that apply to different offences (e.g. prolonged detention of arrested particular person, restricted entry to authorized consultant, motion restriction orders of individuals on bail, disregarding 8-day rule on remand, translation of statements and reveals solely by order of Justice of the Peace, allotting with preliminary inquiry, no part 16 discharge, anonymity measures). These convicted of offences endangering nationwide safety can’t have a sentence of imprisonment suspended (i.e. they’re excepted offences) and face presumptions towards remission and early launch. Lastly, there are new measures aimed toward facilitating the return of specified “absconders” who should not in Hong Kong.
Not like the NSL, the offences and measures within the SNSO could also be judicially reviewed for compatibility with the Fundamental Regulation and Hong Kong Invoice of Rights. The “Ideas” of the SNSO states that “human rights are to be revered and guarded” and the rights and freedoms “loved below the Fundamental Regulation, the provisions of the Worldwide Covenant on Civil and Political Rights and the Worldwide Covenant on Financial, Social and Cultural Rights as utilized to the HKSAR, are to be protected in accordance with the regulation” (s.2(b)). The presumption of innocence and different authorized rights within the prison course of are additionally expressly talked about within the assertion of Ideas (s.2(c)). Little question instances sooner or later will increase points as to the proportionality of the brand new guidelines and selections executed below these guidelines. For now, the variety of notable nationwide safety regulation judgments can nonetheless be listed on lower than two pages (see record under).
I want to categorical my deep appreciation for the arduous work of contributing editors in offering updates all year long for the dietary supplements and principal work, for the continual assist of the Sentencing Editor and Editor-in-Chief, for the diligent analysis accomplished by my pupil editors (Oscar Wong, Jonathan Ho, and Cowl Lai), and for total administration by Thomson Reuters colleagues, particularly Wing Yan Ng.
Professor Simon NM Younger
Ian Davies Professor in Ethics
Parkside Chambers
18 August 2024
Checklist of Notable Nationwide Safety Regulation Judgments
