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.
(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 7]
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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
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