Update on Hong Kong's National Security Law: First judgment addressing constitutional matters delivered

On 21 August 2020, in Tong Ying Kit v HKSAR [2020] HKCFI 2133 (the Judgment), the Hong Kong Court of First Instance handed down its first judgment addressing important constitutional matters arising under the Law of the People's Republic of China on Safeguarding National Security (NSL) in the Hong Kong Special Administrative Region (HKSAR).

This case is the first opportunity for an HKSAR court to assess a constitutional challenge to the detention provisions under Article 42 of the NSL and offers insights into how the HKSAR courts may analyze other provisions of the NSL in the future.

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