Michael Jackson on Two Years On: Reviewing the Implementation of the National Security Law in the HKSAR (HKLJ)

"Two Years On: Reviewing the Implementation of the National Security Law in the HKSAR"
Michael Jackson 
in Hong Kong Law Journal (Vol. 52, Part 3 of 2022), pp.875-912

Abstract: This review surveys the case law dealing with the Hong Kong National Security Law (NSL) offences in the two years since the enactment of the NSL, with a view to identifying what we have learned about the four categories of NSL offences. The article is concerned primarily with Ch III of the NSL, headed “Offences and Penalties”, but also covers to a lesser extent Ch IV, dealing with “Jurisdiction, Applicable Law and Procedure”. Part 1 introduces the NSL offences regime. Part 2 will briefly summarise the enforcement of the NSL since its 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.