The first person charged with violating the “Hong Kong version of the National Security Law” is 23-year-old Tang Yingjie, who was charged with inciting others to secession and terrorist activities for driving a motorcycle with the banner of “Restoration of Hong Kong and Revolution of the Times” on July 1. AFP quoted the news, the Department of Justice will invoke the “Hong Kong version of the National Security Law” Article 46, direct the issuance of a certificate directing the case without a jury trial, instead of three designated judges to form a “trial court”, breaking the long-standing jury system of Hong Kong justice.
Still remanded Tang Yingjie, charged with inciting others to secession and terrorist activities, arraignment in November last year has been the Hong Kong government broke the general practice, directly from the West Kowloon Court to the High Court scheduled, not through the Eastern District Court for delivery procedures.
AFP quoted the news, the Department of Justice will invoke the “Hong Kong version of the National Security Law” Article 46, directly issued a certificate instructing the case without a jury trial, instead of three designated judges to form a “trial court”, breaking the long-standing jury system in Hong Kong justice.
The case of Tang Ying-kit, the first 23-year-old accused of violating the National Security Law, will be scheduled for trial in the High Court. AFP quoted the news, the Department of Justice will invoke the “Hong Kong version of the National Security Law” Article 46, direct issuance of a certificate directing the case without a jury trial, instead of three designated judges to form a “trial court”, breaking the long-standing jury system of Hong Kong justice.
The government has broken the general practice of transferring the case directly from the West Kowloon Court to the High Court for scheduling, without going through the delivery process of the Eastern District Court, when Tang Yingjie, who is still in remand, was charged with inciting others to secede from the state and terrorist activities, was arraigned last November.
Zheng Ruohua opposed to the establishment of a jury, saying fears for “the safety of jurors and their families”
AFP reported that the Attorney General Zheng Ruohua wrote to representatives of the defense lawyers early this month, informing them that they would oppose a jury in the case of Tang Yingjie for fear of “the safety of the jurors and their families,” the judiciary and the Department of Justice replied to AFP that it would not comment on the case.
According to Article 46 of the Hong Kong version of the National Security Law, the Secretary for Justice may issue a certificate directing that a jury is not required in the relevant proceedings on the grounds of protection of state secrets, foreign elements of the case, or protection of the personal safety of the jurors and their families; and specifying that once the Secretary for Justice issues a certificate, the Court of First Instance of the High Court should hear the case without a jury, instead of a bench of three judges. The jury’s original function as “trier of fact” will be replaced by a three-judge panel.
In the past, criminal cases tried in the High Court had a jury of seven to nine people, the judge’s role is to deal with legal disputes and guide the jury to make a factual decision, the jury system has been established 176 years, is also considered an important indicator of the rule of law.
AFP reported that Tang’s legal team, is studying the next step, judicial review of the Department of Justice decision is a possible approach.
The report said that the “Hong Kong version of the National Security Law” has raised doubts about the loss of the “firewall” between the legal systems of China and Hong Kong, and recent calls from the top of the Chinese Communist Party and leftist public opinion for “reform” of the Hong Kong judicial system to The precedent of not having a jury this Time has raised concerns that the mainland justice system will be introduced into Hong Kong, as the mainland criminal courts are also jury-less and have a near full conviction rate.
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