plaintiff:
  - HKSAR

defendant:
  - CHOW HANG TUNG (鄒幸彤)
  - TANG NGOK KWAN (鄧岳君)
  - TSUI HON KWONG (徐漢光)

case_reason: Failure to comply with notice to provide information under section 3(1)(b) of Schedule 5 to the Implementation Rules for Article 43 of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region. The defendants, as office-bearers of Hong Kong Alliance in Support of Patriotic Democratic Movements of China (HKA), were served with a notice on 25 August 2021 requiring them to provide specified information within 14 days, which they failed to comply with by 8 September 2021.

judgment_summary: The West Kowloon Magistrates' Courts heard Criminal Case No. 3633 of 2021 concerning the defendants' failure to comply with a notice issued under Schedule 5 of the Implementation Rules for NSL Article 43. The case involved two preliminary issues: (1) whether the defence could challenge the legality of the Notice in a criminal trial, and (2) whether the prosecution needed to prove the subject organisation was in fact a foreign agent. The court ruled that the prosecution need not prove HKA was a foreign agent as a matter of fact, as it is an administrative decision rather than an essential element of the offence. The court also ruled that the defence is entitled to challenge the legality of the Notice at trial. The main trial focused on the legality of the Notice issued by the Commissioner of Police with approval from the Secretary for Security. The court examined whether there were reasonable grounds to believe HKA was a "foreign agent" and whether it was necessary to issue the notice for prevention and investigation of offences endangering national security. Public Interest Immunity was claimed to protect ongoing investigations into other organizations. The defendants challenged the Notice on multiple grounds including infringement of rights against self-incrimination, fair trial rights, freedom of association, and privacy protection, as well as claims of unreasonableness, oppression, and ulterior motive.

jurisdiction_code: HKMAGC

jurisdiction_name: West Kowloon Magistrates' Courts of the Hong Kong Special Administrative Region

case_location: Hong Kong Special Administrative Region

case_object:
  - National security law enforcement
  - Foreign agent regulation
  - Information disclosure requirements
  - Compliance with police notices under Implementation Rules for NSL Article 43
  - Rights against self-incrimination and fair trial
  - Freedom of association and privacy protection

judgment_result:
  - charge: Failure to comply with notice to provide information under Schedule 5, section 3(1)(b) of Implementation Rules for Article 43 of the National Security Law
    result: Verdict delivered on 4 March 2023 (specific outcome detailed in full judgment)

involved_entities:
  - entity_name: Peter Law
    reason: Principal Magistrate who presided over the case and delivered the verdict
  - entity_name: Hong Kong Alliance in Support of Patriotic Democratic Movements of China (HKA)
    reason: The organization subject to the notice, incorporated in 1989 under the Companies Ordinance, subsequently wound up
  - entity_name: Superintendent Hung (PW1)
    reason: Police officer in charge of the investigation team who prepared the investigation report and applied for the Schedule 5 Notice
  - entity_name: Commissioner of Police
    reason: Authority who issued the notice under Schedule 5 with approval from Secretary for Security
  - entity_name: Secretary for Security
    reason: Authority who approved the issuance of the Schedule 5 notice
  - entity_name: Chief Secretary
    reason: Provided supporting affirmation for Public Interest Immunity claim
  - entity_name: Department of Justice
    reason: Provided legal advice protected by Legal Professional Privilege
  - entity_name: Companies Registry
    reason: Registry where HKA was incorporated and from which it was struck off
  - entity_name: Implementation Rules for Article 43 of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region
    reason: The legal framework under which the notice was issued, specifically Schedule 5 regarding regulation of foreign agents
  - entity_name: National Security Law (NSL)
    reason: The primary legislation under which the Implementation Rules were promulgated, particularly Article 43
