TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 216

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Text proposed by the BLDC Special Groups

(f)

Our proposed text

In the case of juvenile

persons,

the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation;

Everyone convicted

(g)

shall have the right

conviction and

reviewed by a

of a crime to his sentence being higher tribunal

according to law;

(h)

When a person has by a final decision been convicted

of a

and

when has

(i)

criminal

offence subsequently his conviction been reversed or he has been pardoned on the ground that a

or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of 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;

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.

6.3 The principles to be applied to the conduct of civil proceedings in the HK SAR shall be those applied previously in Hong Kong.

SECRET

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