Next Media Li Zhiying was accused of violating the "Hong Kong National Security Law" and held a case management hearing in the High Court last month without a jury; it is reported that the 47-member pro-democracy primary election case also does not have a jury, but the government has not been positive respond.
Secretary for Justice Lam Ting-kwok published a blog today (17th), mentioning that he recently issued a certificate in accordance with Article 46 of the "Hong Kong Security Law", instructing that "relevant lawsuits" do not require a jury, which has aroused social discussion, but the blog is not specific. Indicate what the case is.
Lin Dingguo said that the Department of Justice does not comment on individual cases in judicial proceedings, but the "Hong Kong Security Law" gives the Secretary of Justice the right to make relevant instructions, emphasizing that "trial by jury" is not a necessary legal right for defendants, and Western countries also have similar rights. The system emphasizes that the most important thing is that the Secretary for Justice does not impair any lawful rights and interests of the defendant when exercising his powers, and judicial justice will not be affected.
Some common law countries do not have a jury for serious criminal offenses
Lin Dingguo pointed out that the Secretary of Justice can instruct the lawsuit without a jury and a tribunal composed of three judges for reasons such as protecting state secrets, foreign-related elements in the case, or protecting the personal safety of jurors.
He pointed out that the court has confirmed in many cases that "trial by jury" is not an inevitable legal right of the defendant, and some Western countries that implement common law also stipulate that if a serious criminal offence is involved, or the jury is improperly interfered, Trials may be conducted without a jury.
He pointed out that the most important thing in judicial justice is that there is an independent judiciary that exercises judicial power without any interference, and in the absence of a jury, the trial is conducted by not one but three judges.
And these judges must be current judges, and the content of their judgments must be made public, and the reasons must be explained to the public.
He also mentioned that the courts have had to deal with a large number of cases in recent years. He understands that the public is concerned about the progress of the trial, and stressed that the Department of Justice will work with the court and the defense to speed up the processing as much as possible.
Tang Jiahua: No jury in political cases is more just. In the half century, "the judge will be chosen whenever you want". There is no jury in the pro-democracy primary election case. There is no jury for violating the national security law. Li zhiying and "Apple Daily" related companies are involved in violations of the national security law. There are plans to have no jury in the 35+ primary election case.
