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Hong KongLaw and Crime

National security law: group of 47 opposition activists to face Hong Kong subversion trial without a jury

  • Justice minister Paul Lam orders trial without jury in case of 47 opposition activists charged with subversion
  • Authorities say order made because of ‘foreign factors’ and for protection of ‘jurors and their family members’

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Some of the 47 suspects leave Lai Chi Kok Reception Centre last year. Photo: Winson Wong
Ng Kang-chung

Hong Kong’s new justice minister has ordered a trial without a jury in a national security case involving 47 opposition activists and their alleged role in an unofficial primary election in 2020, documents seen by the Post have confirmed.

The order, signed by Secretary for Justice Paul Lam Ting-kwok and dated last Saturday, said his decision to hold the trial before judges alone was made on grounds including the “involvement of foreign factors” and the “protection of personal safety of jurors and their family members”.

A Department of Justice spokesman on Wednesday said it would not comment on individual cases, stressing that the city’s justice system would “ensure a fair trial and uphold due administration of justice” and that a non-jury trial would not “undermine any legitimate rights and interests of the defendants”.

Secretary for Justice Paul Lam, who has ordered trial without jury in a case where 47 opposition activists face subversion charges. Photo: Nora Tam.
Secretary for Justice Paul Lam, who has ordered trial without jury in a case where 47 opposition activists face subversion charges. Photo: Nora Tam.

“If the trial is to be conducted with a jury, there is a real risk that the due administration of justice might be impaired,” the document said.

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The ruling means that the trial will be held in front of a panel of three judges.

The department’s spokesman said the secretary for justice would take into account relevant provisions and the individual circumstances of each case when considering whether to allow a jury trial.

Supporters of the 47 opposition activists protest outside court earlier this year. Photo: Sam Tsang.
Supporters of the 47 opposition activists protest outside court earlier this year. Photo: Sam Tsang.

Lam said in a recent interview with the Post that a non-jury trial would not make proceedings any less fair, although he did not comment on whether the case of the group of 47 should be tried by a jury.

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