HKSAR V. LAI CHEE YING (黎智英)

[2021] HKCFA 3 Court of Final Appeal 9 February 2021 • FACC1/2021 • 45 min read

12 cases cited (0 SG, 12 foreign)

Practice Areas

Basic Law Crimes Ordinance Criminal Procedure Ordinance Hong Kong Bill of Rights Ordinance Hong Kong Court of Final Appeal Ordinance

Judges (5)

Chan Coram Cheung Coram Fok Coram Ribeiro Coram Stock Coram

Counsel (8)

Department of Justice Firm Robertsons Firm Anthony Chau Counsel Appellant Crystal Chan Counsel Appellant Ivan Cheung Counsel Appellant Lee Siu Him Counsel Respondent Maggie Wong Counsel Respondent Stewart Wong Counsel Respondent

Parties (2)

HKSAR Appellant Lai Chee Ying Respondent

Summary

The Court of Final Appeal considered the bail provisions under the National Security Law in the prosecution's appeal against the grant of bail to Lai Chee Ying. The Court held that Article 42(2) of the NSL creates a specific bail regime requiring the judge to have sufficient grounds for believing the defendant will not continue to endanger national security. The appeal was allowed and bail was revoked.