TNAG-2173-FCO40-3110-Hong-Kong-Bill-of-Rights-1990 — Page 41

(c) to be tried without delay;

(d) to be present at the trial, and be able to put his own case or be told that any lawyer he chooses may do it for him; if a person has no lawyer one may be provided when the interests of justice require, and will be provided free if the person has insufficient means to pay;

(e) to be able to have witnesses give evidence on his behalf and to question

witnesses who are giving evidence against him;

() to have an interpreter if he does not understand the language used in

court;

(g) not to be forced to confess or give evidence against himself;

(h) to have the right to appeal against a conviction or the sentence

imposed;

(i) not to be tried or punished twice in Hong Kong for the same conduct;

(/) to be entitled to compensation if convicted in error and punished, unless he is at least partly to blame for the error; the law must set out how the compensation is to be paid.

If the person is a juvenile, courts must take special account of age and of the desire to reform him.

Article 12—No retrospective criminal offences or penalties

35. No one can be convicted for something that the law did not at the time of the relevant conduct regard as a crime. If the penalty for committing a certain crime is changed, and a person who committed that crime before the change is tried afterwards, only the lesser of the old and new penalties can be imposed on the person.

Article 13-Right to recognition as person before law

36. The law must recognize everyone as having legal rights.

Article 14-Protection of privacy, family, home, correspondence,

honour and reputation

37. No one may be subjected to an interference with his privacy, family, home or correspondence unless the law permits the interference for good reasons,

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Article 15 Freedom of thought, conscience and religion

38. Everyone has the freedom of thought, conscience and religion and the right to practice fully and without coercion a religion, and to worship and teach that religion. The right to practice a religion or express a belief may be restricted by law but only on public safety, order, health or moral grounds or to take account of the rights of others. The freedom of parents to provide a religious and moral education for their children must be respected.

Article 16-Freedom of opinion and expression

39. Everyone may hold any opinion he wishes. He has the right to express himself, and give and receive ideas and information through any medium. The law may restrict his rights but only when it is necessary to take account of the rights or reputations of others, or for reasons of national security, public order, or public health or morals.

Article 17—No propaganda for war or advocacy of national,

racial or religious hatred

40. War propaganda and the advocacy of national, racial or religious hatred that incites discrimination, hostility or violence is prohibited.

Article 18-Right of peaceful assembly

41. The right of peaceful assembly is recognized but may be restricted by laws that are necessary in a democratic society and are for reasons of national security, public safety, public order, public health, morals or to take account of the rights and freedoms of others.

Article 19 - Freedom of association

42. Everyone may associate with everyone else and may participate in trade unions. The law may restrict this right in respect of the police and the armed forces. Further, the law may restrict the right if restrictions are specified in the faw, if they are necessary in a democratic society for reasons of national security, public safety, public order, the protection of public health or morals, or to take account of the rights of others.

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