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Written by: Li Huina
2021-05-10 18:18
Last update date: 2021-05-10 18:22
Tang Yingjie, a man involved in riding a motorcycle and ramming a police officer with the "Revolution of Hong Kong Times" flag on July 1 last year, was accused of violating the National Security Law. He was dissatisfied that the trial to be held next month would not have a jury. Today ( On the 10th, this decision was filed for judicial review in the High Court. Dai Qisi, a senior lawyer representing Tang, pointed out that the jury trial made the court more in line with the standards recognized by the public when performing justice. He believed that if there is no jury, the decision must be made. There are valid reasons.
He also questioned whether there is no need for a jury to rely solely on the Secretary for Justice to issue a certificate, emphasizing that this case is not a challenge to the national security law, and the procedure is unfair and illegal.
The representative of the Department of Justice, however, retorted that the provisions of the "Minato National Security Law" did not stipulate that the Secretary of Justice must make relevant applications for interpretation.
The official said it will be ruled next week.
The applicant Tang Yingjie (24 years old) was charged with one count of inciting others to split the country and one count of terrorist activity. The case has been scheduled for trial on June 23 this year. However, the Secretary of Justice Zheng Ruohua cited Article 46 of the National Security Law. Issuing a certificate instructing that the trial will not have a jury.
No jury must have justified reasons and explanations
The senior counsel, Dai Qisi, pointed out that the dispute in this case involves whether the Secretary for Justice can simply issue a certificate to prevent the trial from setting up a jury. According to common law principles, whether the Secretary should also explain the decision so that Tang has the opportunity to defend. .
Dai Qisi believes that when the defendant goes through the delivery procedure and the Attorney General decides to prosecute for an indictable crime, the defendant has the right to be tried by a jury. This is also a constitutional right. If there is no jury, there must be justified reasons and explanations.
He also emphasized that this case is not to challenge the constitutionality of the provisions of the National Security Law, but to challenge the unfair and illegal procedures involved in the decision.
The jury can ensure the independence of the trial
Dai Qisi pointed out that the jury trial is conducive to a fair trial, and it also ensures the independence of the trial. It also makes the court more in line with the standards recognized by the public when it enforces justice.
He also cited Northern Ireland as an example, stating that although Northern Ireland allows the prosecution department to decide whether to set up a jury in a trial, the prosecution department will explain the relevant reasons.
However, the director did not give an explanation in this case.
Official reveals that the defendant may be charged with dangerous driving
Li Yunteng, the judge designated by the National Security Law to hear this case, mentioned that Tang will be charged with "dangerous driving causing serious bodily harm to others." However, Dai Qisi said that this has no effect on the review. According to the Judiciary website, the court heard On the 7th, the defense's application for opposition to additional charges will be processed.
In addition, during the hearing, Li Guan once said that he could not download the English version of the provisions of the National Security Law, jokingly whether it was because of the unofficial English version, and asked the Attorney General if he had a copy in hand.
The defendant Tang Yingjie was charged with one count of inciting others to split the country and one count of terrorist activity.
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The prosecution claims that the National Security Law does not specify that the director has the responsibility to explain
Sun Jinggan, a senior lawyer representing the Department of Justice, believes that it is not a constitutional right to be tried by a jury, and that the absence of a jury is a prosecution decision. It is protected by Article 63 of the Basic Law, that is, prosecution work is not interfered, and the provisions of the National Security Law are not stipulated. Director Ming has the responsibility to explain the decision.
The Department of Justice has great discretion to enforce prosecutions
Sun Dazhuang pointed out that the court has the right to intervene only when the prosecution decision involves malice or dishonesty. Otherwise, the case shows that the Department of Justice can exercise a large degree of discretion when performing prosecution work.
Sun Dazhuang also refuted, and the jury trial also has its shortcomings.
After the two parties finished their speeches, Li Guan said that a ruling would be issued next week.
Case number: HCAL473/2021
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