Case law Case 2021-02-09

Procedural posture

Prosecution appeal on bail under the National Security Law.

Issues

  • NSL bail threshold
  • presumption and burden
  • relationship with ordinary criminal procedure

Outcome

The Court of Final Appeal set the leading approach to Article 42 bail and remitted the matter for reconsideration.

Comparative note

Compare this case with common-law treatment of national security evidence, jury limits, executive certificates, and fair-trial safeguards.

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