法庭線 The Witness
法庭線 The Witness

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47 cases|News: Secretary for Justice Lam Ting-kwok instructs no jury to be tried by 3 appointed judges

//Article 46 of the "Hong Kong National Security Law" states that where the Secretary for Justice issues the relevant certificate, the Court of First Instance of the High Court shall, in the absence of a jury, switch to three judges. In other words, this trial will be the second national security case without a jury after the Tang Yingjie case. //
47 pro-democracy activists who organized and participated in the primary election were charged with the crime of "conspiracy to subvert state power". It is understood that the Secretary for Justice, Mr. Lam Ding-kwok, has issued a certificate in accordance with the "Hong Kong National Security Law", instructing the relevant trials to be conducted without a jury. Group trial, some defendants have been notified.

According to the source, Lin Dingguo mentioned in the letter that the certificate was issued based on three reasons, including the fact that the case has foreign elements, the personal safety of jurors and their families should be protected, and that if there is a jury in the trial, "it may obstruct justice. Actual Risks of Proper Implementation".

"Court Line" made an inquiry to the Department of Justice on Tuesday (16th) morning, but no reply has been received by the time of writing.

Article 46 of the "Hong Kong National Security Law" stipulates that where the Secretary for Justice issues a relevant certificate, the Court of First Instance of the High Court shall, in the absence of a jury, change the trial to three judges. In other words, this trial will be the second national security case without a jury after the Tang Yingjie case.

30 High Court hearings of defendants in September and November

All the defendants in the 47-person case completed the procedures for delivery to the High Court in July this year. Judiciary information shows that 30 of the defendants are scheduled for case management hearings in the High Court in September and November respectively.

2022.9.1 District Nuoxuan, Zhong Jinlin
2022.9.2 Liang Huangwei, Cen Zijie, Liu Zefeng
2022.9.5 Huang Zhifeng, Tan Wenhao, Tan Dezhi, Guo Jiaqi, Yang Yueqiao
2022.9.6 Hu Zhiwei, Zhu Kaidi, Zhang Kesen
2022.9.7 Huang Ziyue, Yin Zhaojian
2022.9.8 Liu Yingkuang, Wang Baiyu
2022.9.28 Dai Yaoting
2022.11.1 Zhao Jiaxian, Yuan Jiawei, Xu Zijian
2022.11.2 Mao Mengjing, Feng Dajun, Li Jiada
2022.11.3 Wu Miner, Tan Kaibang, Wu Jianwei
2022.11.4 Fan Guowei, Lv Zhiheng, Cen Aohui

4 The defendant reappears in the West Kowloon Court this Thursday

In addition, the information shows that the four defendants in the same case, including Wu Zhengheng, He Guilan, Yuan Jiawei and Liu Yingkuang, will appear in the West Kowloon Magistrates' Court this Thursday (18th), and then before the chief magistrate Lord Quan.

Some defendants have been remanded for nearly a year and a half

The 47 defendants in this case are jointly charged with one count of conspiracy to subvert state power, alleging that they conspired and conspired with others to subvert state power in Hong Kong from July 1, 2020 to January 7, 2021. The case was first brought to court on March 1, 2021, and the 34 defendants who were refused bail have been remanded for between nine and 17 months.

The 34 defendants on remand are Dai Yaoting, Au Nuoxuan, Zhao Jiaxian, Zhong Jinlin, Wu Zhengheng, Yuan Jiawei, Liang Huangwei, Xu Zijian, Cen Zijie, Mao Mengjing, Feng Dajun, Liu Zefeng, Huang Zhifeng, Tan Wenhao, Li Jiada, Tan Dezhi, Hu Zhiwei, Zhu Kaidi, Zhang Kesen, Wu Jianwei, Yin Zhaojian, Guo Jiaqi, Wu Miner, He Guilan, Liu Yingkuang, Yang Yueqiao, Lin Zhuoting, Tan Kaibang, Fan Guowei, Liang Guoxiong, Cen Aohui, Wang Baiyu, Zou Jiacheng and Yu Huiming.

Zou Jiacheng and Yu Huiming were once granted bail, but were successively accused of violating bail conditions, their bail was revoked, and they were remanded in custody.

As for the 13 defendants who were released on bail, they included Chen Zhiquan, Lin Jingnan, Lu Zhiheng, Liu Weicong, Zheng Dahong, He Qiming, Shi Delai, Li Yuxin, Huang Ziyue, Yang Xueying, Ke Yaolin, Peng Zhuoqi and Huang Biyun.

 HCCC 69/2022, HCCC 70/2022, WKCC 813/2021
CC BY-NC-ND 2.0

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