Political situation
Written by: Zhou Lixi
2020-12-02 14:09
Last update date: 2020-12-02 14:09
The establishment camp has demanded "judicial reforms" in recent months. Among them, DAB members Ge Peifan and Zhou Haoding have repeatedly asked for the establishment of a "Sentencing Committee." The establishment of a "Sentencing Committee" has reservations, because sentencing is a judicial function and is performed independently by the court. It also means that the court will send sentences on a large number of cases every day, and each case is different. It also involves the exercise of judicial judgment to strike a balanced sentencing decision .
Regarding some people questioning the court’s decision to approve the bail of persons awaiting trial, Zhang Jianzong pointed out that the magistrate strictly handles the bail application according to the law. According to the law, the magistrate must approve the defendant’s bail unless the magistrate believes that there is substantial reason to believe that the defendant will abscond. Crime or interference with witnesses during bail.
If you are not satisfied with the bail decision, you can apply for review
Zhang Jianzong pointed out that complaints against judges must continue to be handled by the judiciary itself, free from external influence or interference. If you are dissatisfied with judicial decisions, they should be corrected through appeals or reviews, emphasizing that this is the foundation of the Hong Kong legal system.
Regarding judges’ complaints, Zhang Jianzong emphasized that the judiciary has always dealt with complaints about judges’ behavior seriously. Each complaint is handled by the Chief Justice of the Court of Final Appeal and relevant court leaders in accordance with the established mechanism. According to the Guidelines for Judges’ Conduct, judges and judicial personnel are actually In the case of presumption, presumption, or apparent bias, it may be disqualified from hearing individual cases.
As for the arrangements for bail applications, Zhang Jianzong pointed out that the magistrates will handle bail applications strictly in accordance with the legal provisions of Part IA of the Criminal Procedure Ordinance.
According to the legal requirements of Articles 9D(1) and 9G(1), the magistrate must approve the defendant’s bail.
Zhang Jianzong emphasized that the law stipulates that only when the magistrate feels that there are substantive reasons to believe that the defendant will abandon the bail, or commit a crime during bail, or interfere with witnesses or disrupt or obstruct justice, can he refuse bail.
He also pointed out that if the prosecution or defendant is dissatisfied with the magistrate's bail decision, they can apply to the Court of First Instance of the High Court for review or modification.
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In addition, Ge Peifan asked again about the Hong Kong Judicial Institute under the Judiciary’s Hong Kong Judicial Institute held a lecture for magistrates in July this year. He asked why the Judiciary asked all magistrates to attend the lecture, who the speakers were, and why they did not upload the video of the lecture to The intranet is for future referees' reference.
Zhang Jianzong responded that the lecture was entitled "Judicial Justice and Public Confidence" and was held during office hours, and all magistrates were invited to take the time to attend.
The response stated that the speaker of the lecture was Huang Chonghou, Judge of the Court of First Instance of the High Court. The purpose is to respond to the recent concerns of various sectors of criminal litigation related to social events and remind magistrates to adhere to the basic principles of judges and judicial personnel in performing their judicial duties. To maintain public confidence in the courts, judges and judicial personnel.
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