such conviction shall be compensated according to law, unless it is

proved that the non-disclosure of the unknown fact in time is wholly

or partly attributable to him.

(6) No one shall be liable to be tried or punished again for an

offence for which he has already been finally convicted or acquitted

in accordance with the law and penal procedure of Hong Kong.

[cf. ICCPR Art. 14.2 to 71

Article 12

No retrospective criminal offences or penalties

(1) No one shall be held guilty of any criminal offence on

account of any act or omission which did not constitute a criminal

offence, under Hong Kong or international law, at the time when it

was committed. Nor shall a heavier penalty be imposed than the one

that was applicable at the time when the criminal offence was

committed. If, subsequent to the commission of the offence,

provision is made by law for the imposition of a lighter penalty, the

offender shall benefit thereby.

(2) Nothing in this article shall prejudice the trial and

punishment of any person for any act or omission which, at the time

when it was committed, was criminal according to the general

principles of law recognized by the community of nations.

[cf. ICCPR Art. 15]

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