#Injustice #Court #RulebyLaw
HK's Department of Justice suggests "No Bail Provision" for National Security suspects
Apple Daily founder #JimmyLai appeared in court on February 1, 2021 to face the government’s appeal against the decision to extend his bail.
The 73-year-old pro-democracy media tycoon had been kept in custody since December 2020 pending trial for alleged "violations of the national security law and fraud".
A panel of five national security judges, including the new Chief Justice Andrew Cheung Kui-nung, permanent judges Roberto Ribeiro and Joseph Paul Fok Shiu-kong and non-permanent judges Patrick Chan Siu-oi and Frank Stock presided over the hearing.
The hearing is set to determine the meaning of Article 42 of the national security law, which stipulates that no bail shall be granted to a criminal suspect or defendant unless the judge has sufficient grounds for believing he or she will not continue to commit acts endangering national security.
Representing the Department of Justice (#DoJ), Anthony Chau, Senior Assistant Director of Public Prosecutions, argued that when handling bail application for cases linked to national security offences, the court should adopt a “two-stage approach” to give priority to Article 42, paragraph 2, which that stipulated a “no bail unless” condition.
Chau stressed that the court must consider a national security law clause first, which says no “bail will be granted to a defendant unless the judge has sufficient grounds for believing that the defendant will not continue to endanger national security.”
Other factors – such as bail terms offered by the defendant – should only be considered in the latter stage, Chau said, adding the judge must always bear in mind the nature of the offences endangering national security, which could be “difficult to detect.”
Source: Stand News, #Feb1
#Article42 #Bail #NationalSecurityLaw #Regime
HK's Department of Justice suggests "No Bail Provision" for National Security suspects
Apple Daily founder #JimmyLai appeared in court on February 1, 2021 to face the government’s appeal against the decision to extend his bail.
The 73-year-old pro-democracy media tycoon had been kept in custody since December 2020 pending trial for alleged "violations of the national security law and fraud".
A panel of five national security judges, including the new Chief Justice Andrew Cheung Kui-nung, permanent judges Roberto Ribeiro and Joseph Paul Fok Shiu-kong and non-permanent judges Patrick Chan Siu-oi and Frank Stock presided over the hearing.
The hearing is set to determine the meaning of Article 42 of the national security law, which stipulates that no bail shall be granted to a criminal suspect or defendant unless the judge has sufficient grounds for believing he or she will not continue to commit acts endangering national security.
Representing the Department of Justice (#DoJ), Anthony Chau, Senior Assistant Director of Public Prosecutions, argued that when handling bail application for cases linked to national security offences, the court should adopt a “two-stage approach” to give priority to Article 42, paragraph 2, which that stipulated a “no bail unless” condition.
Chau stressed that the court must consider a national security law clause first, which says no “bail will be granted to a defendant unless the judge has sufficient grounds for believing that the defendant will not continue to endanger national security.”
Other factors – such as bail terms offered by the defendant – should only be considered in the latter stage, Chau said, adding the judge must always bear in mind the nature of the offences endangering national security, which could be “difficult to detect.”
Source: Stand News, #Feb1
#Article42 #Bail #NationalSecurityLaw #Regime