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General Principles on Sentencing of NSL Offences
20. In HKSAR v Lui Sai Yu[1], it was held by the Court of Final Appeal that:
- (1) The NSL functioned coherently with the HKSAR’s legal system, and sought “convergence, compatibility and complementarity” with local laws unless they were expressly or impliedly displaced in the event of inconsistency pursuant to NSL 62. This principle applied to the interpretation of sentencing provisions within the NSL where local sentencing laws and principles operated within that framework.
- (2) In fulfilling their duty of enforcing the NSL and local laws with a view to preventing, suppressing and punishing acts that endangered national security, the courts would faithfully give effect to the NSL’s offence-creating provisions, and where convictions resulted, apply local sentencing laws and principles in tandem with the NSL’s sentencing provisions. In the process of convergence, selected elements of the local sentencing laws and principles should not be excluded from consideration.
- (3) There was no general principle that regard may be had to the Mainland law to inform the construction of the NSL. Extrinsic materials admissible in aid of construing the NSL had a narrower ambit. Statements made as part of the
- ↑ (2023) 26 HKCFAR 332
