Political situation
Written by: Zhai Ruimin
2020-12-31 15:09
Last update date: 2020-12-31 20:37
Li Zhiying, the founder of Next Media, accused of violating the National Security Act of the Port Area, was approved by the High Court Judge Li Yunteng last week to bail with cash of 10 million yuan. The Department of Justice today (31st) filed an appeal with the Court of Final Appeal. 3 A judge will issue a ruling at 4 pm, during which time Li Zhiying will be granted bail.
The prosecution stated in court that the court upholds the legal principle of "presumption of innocence" in general criminal offences, so the defendant has the right to bail after being prosecuted; however, the "Hong Kong National Security Law" was not produced under the same legal system in Hong Kong, and there is no provision in it. The “presumption of innocence” means that when the court considers bail conditions, it cannot be compared with ordinary criminal cases.
Senior Counsel Tang Jiahua, who is also a member of the Executive Council, argued against the government when he wrote an article on Facebook, saying that Article 5 of the National Security Act clearly stated that anyone must be "presumed not guilty" before conviction, criticizing the prosecution lawyer for the final trial The relevant remarks in the court were "really embarrassing."
The Department of Justice issued a clarification statement in the evening that the accuser pointed out in court that the provisions of the Hong Kong National Security Law concerning the approval of bail involved whether there was a "presumption of bail" (presumption of bail), not the Hong Kong National Security Law. There is no presumption of innocence in the article, and it is believed that relevant reports did not accurately reflect the prosecution’s submissions.
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The prosecution said in court that the trial judge incorrectly assessed the strength and risk of the evidence, but the Chief Justice Ma Daoli retorted that the Court of Final Appeal would not examine the evidence and make a ruling on the facts, and would only handle legal disputes.
Deng Leqin, the senior counsel representing Li Zhiying, said that the existence of the "Hong Kong National Security Law" does not affect the practice of local courts in considering bail in criminal cases.
The legislator Ma Dao added, including the principle of "presumption of innocence."
Anyone who has not been convicted by the judiciary is assumed to be innocent.
Guarantee the rights of defense and other litigation rights enjoyed by criminal suspects, defendants and other litigation participants in accordance with the law.
Anyone who has been convicted or acquitted in the judicial process shall not be tried or punished again for the same act.
Article 5 of the Minato National Security Law
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Li Zhiying Tang Jiahua
