'Two Years On : Reviewing the Implementation of the National Security Law'

Abstract

This review surveys the case law dealing with the NSL offences in these two years, with a view to identifying what we have learned about these four categories of offence. The paper is concerned primarily with Chapter III of the NSL, headed “Offences and Penalties”, but also covers to a lesser extent Chapter IV, dealing with “Jurisdiction, Applicable Law and Procedure”. Part 1 introduces the NSL regime. Part 2 will briefly summarise enforcement of the NSL since enactment. Part 3 will outline several key themes or rulings emerging from the case law relating to the integration of the NSL with existing HK criminal law and procedure. Part 4 will explore what we have learned about the NSL offences themselves and their elements, and how the courts have begun to shape these offences within HK’s existing common law legal system. Part 5 will offer some brief conclusions.