The Hong Kong Legislative Council has passed the amendment of the Guoan case without g

The three readings of the Hong Kong Legislative Council passed the amendment of the Criminal Procedure Regulations, stipulating that the innocent ruling made by the trial court in the Guoan case can appeal.

According to the Hong Kong News Agency, the Hong Kong Legislative Council passed the draft of the regulations (revised) of the 2023 criminal proceedings (revised) of the Hong Kong Legislative Council on Wednesday (July 12).

The draft regulations involved two legal appeal procedures involved in Guoan's cases. First, without a jury, a non -guilty ruling or order made by the trial court composed of three judges canA appeal was filed in the "case presentation"; the prosecution could also appeal in the case of the High Court's original lawsuit in the criminal interrogation of the jury, and the prosecution could also appeal.

Lin Dingguo, the director of the Hong Kong Department of Justice, posted a post on the draft of the regulations that the draft of the regulations may have legal errors in the case of the Court of High Courts, which caused two amendments to the defendant's mistakenly release.This repair effectively fills the legal gap of the prosecution's failure to propose to appeal to avoid possible judicial injustice.

In response to opinions, the appeal mechanism of Article 46 of the Hong Kong National Security Law may allow the Department of Justice to continue to appeal on the same case until the defendant was convicted.Lin Dingguo emphasized that the draft regulations only give the prosecution's right to appeal, give the appeal court the opportunity to review, and correct any legal errors made by the trial court when reasonable.

He explained that if he ruled the trial court to make mistakes and whether to instruct the resume of trial or review, the appeal court made a judgment independent and fair after hearing the reason.Unless the prosecution proposes a major and extensive and important legal argument or pointed out that the ruling involves serious unfair situations, it can be obtained by the Court of Appeal of the Court of Final Appeal. Otherwise, the criminal prosecution procedures will end.A new appeal mechanism cannot be abused.

Lin Dingguo said that the amendment to the law shows that the spirit of the rule of law allows both parties to have the principles of appeal channels and strengthen procedural justice in criminal interrogation.The draft regulations related to Article 46 of the Hong Kong National Security Law will be implemented from the day of the CIA.