Space Travel News  
DEMOCRACY
Hong Kong court backs no-jury security law trials
by AFP Staff Writers
Hong Kong (AFP) May 20, 2021

The first Hong Konger to be charged under Beijing's national security law can be tried without a jury, a senior judge said Thursday in a ruling that cements the financial hub's fast-changing legal traditions.

Tong Ying-kit, 24, was charged with two crimes under the new law a day after it came into effect after he allegedly drove his motorbike into a group of police officers during a protest.

Hong Kong's justice secretary opted against using a jury for his upcoming trial, a decision AFP first revealed in February.

Tong challenged that decision at the High Court but lost on Thursday.

In his ruling, High Court judge Alex Lee said before the security law, a jury "was the only mode of trial then available" for such serious crimes.

"However, the same is no longer true after the enactment of the NSL (National Security Law)," he wrote.

Trial by jury for serious criminal cases has been used by Hong Kong's common law system for 176 years and is described by the city's own judiciary on its website as one of its "most important features".

But the national security law, which was penned in Beijing and imposed on Hong Kong last year, allows for cases to be tried by three specially selected judges.

"Any previous right to jury trial in the Court of First Instance, if existed, shall be abrogated in 'criminal proceedings concerning offences endangering national security'," Lee wrote.

Lower courts in Hong Kong that try less serious crimes also do not have juries, something Lee said showed there was no constitutional right for a jury in all prosecutions.

- Shifting legal sands -

The security law was explicitly designed to quash dissent following huge and often violent pro-democracy protests that convulsed Hong Kong in 2019 and it has been successful.

It targets any acts deemed secession, subversion, terrorism and foreign collusion.

Its broad wording -- and subsequent application -- has criminalised much dissent.

More than 100 people have been arrested, including many prominent democracy advocates, most of whom have been denied bail and face up to life in prison if convicted.

It has also radically transformed Hong Kong's common law legal landscape, which was historically firewalled from the authoritarian mainland -- something international businesses and law firms are watching closely.

China says it now has jurisdiction for some national security cases and the law allows mainland security agents to operate openly in the city for the first time.

Along with the no jury trial precedent, the presumption of bail has also been removed for national security crimes.

In his application, Tong's legal counsel Philip Dykes argued that trial by jury was "not only a protection against tyranny but also an insurance that the criminal law in its application in a case will conform to the ordinary man's idea of what if fair and just".

Jenkin Suen, an external counsel representing the Justice Department, argued that "jury trial is not a constitutional right" and that the decision was within the scope of "prosecutorial independence".

Tong is the only person so far charged with an explicitly violent crime. All other national security charges have been for an accused's political views or speech.

Tong faces one count of terrorism and one count of secession -- the latter because he was allegedly flying a banner that displayed the popular protest slogan "Liberate Hong Kong, revolution of our times".

He also faces a count of dangerous driving.

His trial is expected to begin on June 23.


Related Links
Democracy in the 21st century at TerraDaily.com


Thanks for being here;
We need your help. The SpaceDaily news network continues to grow but revenues have never been harder to maintain.

With the rise of Ad Blockers, and Facebook - our traditional revenue sources via quality network advertising continues to decline. And unlike so many other news sites, we don't have a paywall - with those annoying usernames and passwords.

Our news coverage takes time and effort to publish 365 days a year.

If you find our news sites informative and useful then please consider becoming a regular supporter or for now make a one off contribution.
SpaceDaily Contributor
$5 Billed Once


credit card or paypal
SpaceDaily Monthly Supporter
$5 Billed Monthly


paypal only


DEMOCRACY
Myanmar town pleads for help as thousands flee fighting
Yangon (AFP) May 19, 2021
Desperate residents of a Myanmar town hit by clashes between the military and an anti-junta defence force pleaded for help Wednesday as the UN warned the fighting may have forced thousands to flee. Government forces used artillery to flush out rebels from the western town of Mindat after fighting broke out on May 12, a spokesman for a local insurgent group said, and later cut off its water supply. One resident who did not want to be named told AFP that most of those who had been trapped in the t ... read more

Comment using your Disqus, Facebook, Google or Twitter login.



Share this article via these popular social media networks
del.icio.usdel.icio.us DiggDigg RedditReddit GoogleGoogle

DEMOCRACY
DEMOCRACY
Seeing NASA's Ingenuity Mars Helicopter Fly in 3D

Perseverance's Robotic Arm Starts Conducting Science

Perseverance rover captures sound of Ingenuity flying on Mars

Volcanoes on Mars could be active, raise possibility of recent habitable conditions

DEMOCRACY
VIPER Hits the SLOPEs

Researchers create new lunar map to help guide future exploration missions

Measuring the Moon's nano dust is no small matter

Apollo 11 astronaut Michael Collins dead at 90

DEMOCRACY
Juice arrives at ESA's technical heart

New Horizons reaches a rare space milestone

New research reveals secret to Jupiter's curious aurora activity

NASA's Europa Clipper builds hardware, moves toward assembly

DEMOCRACY
Alien radioactive element prompts creation rethink

Coldplay beam new song into space in chat with French astronaut

How planets form controls elements essential for life

First ever discovery of methanol in a warm planet-forming disk

DEMOCRACY
Proposed base for Elon Musk's SpaceX project threatens lands and livelihoods in Biak, Papua

Bitcoin tumble slows with help from Elon Musk

First Ariane 6 fairing at Europe's Spaceport

SpaceX signs deal with Google Cloud for satellite broadband

DEMOCRACY
Tianzhou 2, carrier rocket transported to launchpad for liftoff

'Nihao Mars': China's Zhurong rover touches down on Red Planet

China wants to send spacecraft to edge of solar system to mark 100th year of PRC

China's space station takes shared future concept to space

DEMOCRACY
NASA's OSIRIS-REx Spacecraft Heads for Earth with Asteroid Sample

US space probe Osiris-Rex heads home with asteroid dust

Lessons learnt from simulated strike

New View of Asteroid Ryugu's Surface









The content herein, unless otherwise known to be public domain, are Copyright 1995-2024 - Space Media Network. All websites are published in Australia and are solely subject to Australian law and governed by Fair Use principals for news reporting and research purposes. AFP, UPI and IANS news wire stories are copyright Agence France-Presse, United Press International and Indo-Asia News Service. ESA news reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. All articles labeled "by Staff Writers" include reports supplied to Space Media Network by industry news wires, PR agencies, corporate press officers and the like. Such articles are individually curated and edited by Space Media Network staff on the basis of the report's information value to our industry and professional readership. Advertising does not imply endorsement, agreement or approval of any opinions, statements or information provided by Space Media Network on any Web page published or hosted by Space Media Network. General Data Protection Regulation (GDPR) Statement Our advertisers use various cookies and the like to deliver the best ad banner available at one time. All network advertising suppliers have GDPR policies (Legitimate Interest) that conform with EU regulations for data collection. By using our websites you consent to cookie based advertising. If you do not agree with this then you must stop using the websites from May 25, 2018. Privacy Statement. Additional information can be found here at About Us.