Hong Kong within the meaning of section 11(3) (b) of EA, must now
have regard to the standard of justice or fairness
considered to be the norm in Hong Kong.
presently
Where a trial which is
to take place in Hong Kong is unjust or oppressive according to
the standard of the Bill, it would, in my respectful submission,
likewise be "unjust and oppressive" to return me to Hong Kong for
the purpose of facing such a trial.
THE HONG KONG BILL OF RIGHTS
7. The relevant provisions of the Bill are as follows
Article 10 :
• • •
[I]n the determination of any criminal charges against him...everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law...
#
Article 11 :
the following
(2) In the determination of any criminal charge against him, everyone shall be entitled to minimum guarantees, in full equality
(a) to be informed promptly and in detail in a language which he understands of the nature and of the charge against him.
cause
(b) to have adequate time and facilities for the preparation of his defence and to counsel of his own choosing;
communicate
with
(c) to be tried without undue delay;
(d) to be tried in his presence, and to defend himself or through legal assistance of his own
in person
choosing
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