The Chinese Communist Party has accelerated the destruction of democracy and the rule of law in Hong Kong since the “anti-China” campaign. According to French media, the first trial in a Hong Kong national security law case will be held without a jury, breaking the 176-year-old jury system in Hong Kong.
AFP reported on Monday (8) that Hong Kong Secretary for Justice Eva Cheng had informed the legal team of the defendant Tang Ying-kit in early February that the trial would be conducted without a jury and with the sole responsibility of three judges appointed under the National Security Law on the grounds of “safeguarding the personal safety of the jury and their families” under Article 46 of the law.
On July 1 last year, the first day the law took effect, 23-year-old Tang Ying-kit was charged with “inciting others to secede from the country” and “terrorist activities” for allegedly driving a motorcycle with a “Restoration of Hong Kong Era Revolution” banner and injuring a police officer. He was charged with “inciting others to secede from the country” and “terrorist activities” and became the first defendant under Hong Kong’s national security law.
The jury system in Hong Kong has been in use for 176 years, since 1845. In the past, a jury of seven to nine people was empanelled to decide the facts of criminal cases heard by the High Court of Hong Kong.
A Hong Kong barrister told Radio Free Asia that the jury system was cherished in Hong Kong in the past because convictions in High Court cases generally have far-reaching effects on the defendants, so it was more desirable for the community to participate in weighing the verdict to safeguard the fairness of the verdict, which is part of the open legal system.
The Chinese Communist Party introduced the Hong Kong National Security Law, which has long laid the groundwork for breaking the jury system. Article 46 of the law authorizes the Department of Justice to issue a certificate requesting that a national security case be heard without a jury on the grounds of “protection of state secrets,” “foreign elements of the case,” and “protection of the personal safety of jurors and their families. and the personal safety of jurors and their families.
The first case under Hong Kong’s national security law is seen as a landmark case in terms of the authorities’ respect for the rule of law and the rights of the accused. The fact that the jury system has been broken before the key trial has even begun has reinforced concerns about the “mainlandization” of the rule of law in Hong Kong.
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