Other Penalty Provisions, Jurisdiction and Procedure

Who may be subject to deportation under the NSL?

• Persons who are not permanent residents of the HKSAR
• Deportation may be applied independently or in addition to the principal sentence
• Permanent residents are not subject to this deportation provision

What penalties may be imposed on corporate bodies for NSL offences?

• Fines
• Ordered to suspend operations
• Revocation of licence or business permit
• Illegal proceeds and instruments of crime recovered and confiscated

Which circumstances allow for mitigation of sentence under the NSL?

• Voluntarily abandoning the crime or effectively preventing the criminal result
• Voluntarily surrendering and truthfully confessing to one's own offence
• Reporting others' crimes with verification, or providing key leads to solve other cases
• "Non-leadership role in the crime" is NOT a statutory mitigating ground — a common distractor

A person convicted of an NSL offence loses eligibility for _____ elections or holding any public office or serving as _____.

• LegCo and District Council (elections)
• Member of the Election Committee for Chief Executive election
• Those who had sworn allegiance immediately lose their current posts (not just future candidacy)
• Note: conviction does NOT result in loss of voting rights in constituency elections

When can a non-permanent resident be subject to the NSL for conduct outside the HKSAR?

• Protective jurisdiction: non-residents targeting the HKSAR from abroad
• Territorial jurisdiction: if the criminal result occurs in the HKSAR
• Non-permanent residents convicted may be deported
• Only conduct after enactment is covered — no retrospective effect

Where outside the HKSAR does the NSL territorial jurisdiction still apply?

• Hong Kong-registered vessels or aircraft (note: railway systems are NOT included)
• "Either the act or the result in HK" establishes territorial jurisdiction
• Permanent residents committing offences abroad are also covered (personal jurisdiction)

Without the written consent of _____, no one may prosecute an NSL offence.

• Secretary for Justice (not the Chief Executive)
• Written consent is a pre-condition for prosecution — without it no one may prosecute
• Does not affect lawful arrest or remand of suspects

Where open trial is unsuitable, the court may _____ all or part of proceedings, but _____ must always be announced publicly.

• Exclude the press and the public (both, not just the public)
• The verdict (must always be publicly announced — no exception)
• HKSAR courts exercise jurisdiction (except where Central jurisdiction applies)

Unless the _____ has sufficient grounds to believe no further national security risk, _____ shall not be granted.

• The judge (not the police or the government)
• Bail
• Reversed presumption: common law = applicant bears burden; NSL = judge must have sufficient grounds

Which of the seven investigative measures under Art 43 NSL requires Chief Executive approval?

• Interception of communications and covert surveillance — the only one of the seven requiring CE approval
• The other six measures (search, travel restriction, asset freeze, content removal, foreign organisation disclosure, information submission) do not require CE approval
• Implementation rules for Art 43 are made by the Chief Executive in consultation with the NSC

The CE shall designate judges from _____ and Court of Final Appeal judges. The term is _____.

• Magistrates, District Court judges, Court of First Instance judges, Court of Appeal judges (all five levels, CFA listed separately)
• One year
• Also from deputy or temporary judges
• CE may consult the NSC and Chief Justice of the CFA before designating

On what grounds may the SJ issue a jury-waiver certificate? How many judges form the resulting panel?

• ① Protecting state secrets ② foreign elements ③ safety of jurors ④ safety of jurors' families (four grounds in total)
• Heard by the Court of First Instance without a jury
• Panel consists of three judges
• The certificate is issued by the Secretary for Justice, not the Chief Executive

On questions of national security or state secrets, courts must obtain a certificate from _____. What is its legal effect?

• The Chief Executive (issues the certificate)
• The certificate is binding on courts
• Courts cannot independently determine national security questions — the CE certificate governs