TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 204

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HONG KONG BILL OF RIGHTS BILL 1990

where publicity would prejudice the interests of justice; but any judgment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

[cf. ICCPR Art.14.1]

1990年香港人權宣言條例草案

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部分審判;但對刑事案件或法律訴訟的任何判決應公開宣布,除非少年的利益另有要 求或者訴訟是有關婚姻爭端或對兒童的監護權問題。

(比照《公民權利和政治權利國際公約》第十四·一條〕

replaces

Jarilete

Article 11

Rights of persons charged with or

convicted of criminal offence

(1) Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

everyone

(2) In the determination of any criminal charge against him, shall be entitled to the following minimum guarantees, in full equality—

(a) to be informed promptly and in detail in a language which he

understands of the nature and cause of the charge against him; (b) to have adequate time and facilities for the preparation of his

defence and to communicate with counsel of his own choosing; (c) to be tried without undue delay;

(d) to be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e) to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f) to have the free assistance of an interpreter if he cannot under-

stand or speak the language used in court;

(g) not to be compelled to testify against himself or to confess guilt. (3) 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.

(4) Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

(5) When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new 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.

第十一條

被指控或裁定犯刑事罪的人的權利

凡受刑事控告者,在未依法證實有罪之前,應有權被視為無罪。

(二) 在判定對他提出的任何刑事指控時,人人完全平等地有資格享受以下的最低 限度的保證

(甲)迅速以一種他懂得的語言詳細地告知對他提出的指控的性質和原因; (乙) 有相當時間和便利準備他的辯護並與他自己選擇的律師聯絡; (丙)受審時間不被無故拖延;

(丁)出席受審並親自替自己辯護或經由他自己所選擇的法律援助進行辯護;

如果他没有法律援助,要通知他享有這種權利;在司法利益有此需要的 案件中,為他指定法律援助,而在他没有足夠能力償付法律援助的案件 中,不要他自己付費;

(戊)訊問或業已訊問對他不利的證人,並使對他有利的證人在與對他不利的

證人相同的條件下出庭和受訊問;

(己)如他不懂或不會說法庭上所用的語言,能免費獲得譯員的援助; (庚) 不被強迫作不利於他自己的證言或強迫承認犯罪。

(三) 對少年的案件,在程序上應考慮到他們的年齡和幫助他們重新做人的需要 (四)凡被判定有罪者,應有權由一個較高級法庭對其定罪及刑罰依法進行覆審。 (五) 在一人按照最後決定已被判定犯刑事罪而其後根據新的或新發現的事實確實 表明發生誤審,他的定罪被推翻或被赦免的情況下,因這種定罪而受刑罰的人應依法 得到賠償,除非經證明當時不知道的事實的未被及時揭露完全是或部分是由於他自己 的緣故。

different

Rem

旗