The definition of Orwellian?
eople acquitted under the Beijing-imposed national security law at Hong Kong’s High Court could be remanded if the government appeals their exoneration, the city’s justice minister has said.
The government tabled a proposal to the Legislative Council (LegCo) on Monday to allow appeals against not-guilty verdicts in national security cases tried at the city’s High Court. To date, no one has been acquitted under the sweeping security legislation.
Under the proposal to amend the Criminal Procedure Ordinance, the Department of Justice would be allowed to appeal against acquittal decisions in national security cases made by a panel of three judges at the Court of First Instance.
Currently, the prosecution cannot appeal against a Court of First Instance decision to acquit a defendant, even in cases under the national security law.
According to the government proposal, cases tried by a jury would not be affected. Since the implementation of the security law in June 2020, no national security cases reaching the High Court have been tried by a jury.
While trials at the High Court are usually heard by a jury, the Beijing-imposed law stipulated that a jury can be excluded for reasons including the need to protect state secrets or the safety of members of the jury and their families.
The courts should also be authorised to order the person facing appeal to be remanded or grant bail to them, said Secretary for Justice Paul Lam on Monday.
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