In the pro-democracy primary election case, 47 people were accused of violating the "Hong Kong National Security Law." According to sources, Secretary for Justice Lam Ding-kwok instructed that no jury should be set for the trial.
As for Next Media Li Zhiying and three "Apple Daily" associated companies, accused of violating the "Hong Kong National Security Law", a case management hearing will be held next Monday (22nd), which will be heard by three judges designated by the National Security Law. It is understood that, There is also no jury.
Tang Jiahua, the convener of democratic ideas, responded that even if the news is true, he believes that it will have little impact on judicial independence and impartiality. At present, only the "Hong Kong National Security Law" has provisions that do not require a jury trial. He himself has confidence in the judge.
It is not appropriate for a jury to handle politically sensitive cases
As a lawyer with 50 years of experience, I will always choose a judge when asked to choose me.
Tang Jiahua talks about no jury
Tang Jiahua said that juries generally have no legal training, and thinks that it is more suitable for judges to handle politically controversial or politically sensitive cases, so he does not agree that not having a jury will affect judicial justice.
Tang explained that when a jury encounters a politically sensitive case, it is very difficult to abandon personal political inclinations and act on a legal basis or principle.
He emphasized that only the National Security Law of the Hong Kong Area currently provides that a jury may not be established. For example, there are many other countries in the world. If the case involves political disputes, sensitivity or racial disputes, it is not appropriate to have a jury.
Taking the United States as an example, when politically controversial and particularly sensitive cases are encountered, they will be transferred to other states or remote areas to reduce the chance of local citizens influencing the outcome of the trial.
Tang Jiahua.
(Photo by O Jiale)
Hong Kong's rule of law ranking is higher than that of the United States
According to the "Hong Kong National Security Law", if there is no jury, it will be tried by three judges designated by the National Security Law.
Tang Jiahua said that he has absolute confidence in the independence of the judiciary, and believes that if the case involves political disputes, it is more fair to not set up a jury.
He pointed out that according to the ranking of the rule of law released by the World Justice Project, Hong Kong is still in the top 20, ranking higher than that of the United States, and it can be safely handed over to a judge.
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