HK Government Proposes to Allow Overturning Not-Guilty Verdicts in National Security Cases
The Department of Justice has proposed amending the Criminal Procedure Ordinance, allowing for appeals through the "case stated" procedure in cases under the #NationalSecurityLaw heard in the High Court without a jury. Even if three designated #NSL judges acquit the defendant, the Department of Justice can appeal to overturn the verdict of acquittal or to remand the case for a retrial.
Secretary for Justice Paul Lam spoke to the Legislative Council regarding the amendment, stating that "the injustice caused by acquitting the guilty is no less than convicting the innocent." He also mentioned that if a defendant in an NSL case receives an "erroneous verdict of acquittal," it could lead to extremely serious consequences.
Currently, in cases with a jury trial in the High Court, if the jury reaches a verdict of acquittal, the Department of Justice can only seek clarification on points of law without intervening to overturn the verdict. However, in cases heard in the District Court and Magistrates' Courts, the Department of Justice can present a "case stated" appeal and have the opportunity to overturn an acquittal.
Lam described the current situation as "abnormal", particularly in cases involving the NSL. He claimed that the government has a responsibility to address the issues encountered in the local legal system while assisting in the "perfecting" of the NSL's implementation.
Source: In-Media HK #May22
https://bit.ly/41X9rn0
#DoubleJeopardy #RightToFairTrial
The Department of Justice has proposed amending the Criminal Procedure Ordinance, allowing for appeals through the "case stated" procedure in cases under the #NationalSecurityLaw heard in the High Court without a jury. Even if three designated #NSL judges acquit the defendant, the Department of Justice can appeal to overturn the verdict of acquittal or to remand the case for a retrial.
Secretary for Justice Paul Lam spoke to the Legislative Council regarding the amendment, stating that "the injustice caused by acquitting the guilty is no less than convicting the innocent." He also mentioned that if a defendant in an NSL case receives an "erroneous verdict of acquittal," it could lead to extremely serious consequences.
Currently, in cases with a jury trial in the High Court, if the jury reaches a verdict of acquittal, the Department of Justice can only seek clarification on points of law without intervening to overturn the verdict. However, in cases heard in the District Court and Magistrates' Courts, the Department of Justice can present a "case stated" appeal and have the opportunity to overturn an acquittal.
Lam described the current situation as "abnormal", particularly in cases involving the NSL. He claimed that the government has a responsibility to address the issues encountered in the local legal system while assisting in the "perfecting" of the NSL's implementation.
Source: In-Media HK #May22
https://bit.ly/41X9rn0
#DoubleJeopardy #RightToFairTrial