TNAG-2955-FCO40-4232-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 65

វ

DR RAIS BIN SANIMAN - SAFEGUARDS ON RETURN TO HONG KONG

1.

The judicial system and criminal procedures currently in force in Hong Kong are based upon those in force in England

and closely follow both the English systems and procedures and those in force in many other common law jurisdictions

such as Australia, New Zealand and Canada. Dr Saniman will

be presumed innocent and it shall be for the prosecution to prove his guilt "beyond reasonable doubt". He will be

entitled to be represented by independent Counsel of his

choice and the likelihood is that, like his co-conspirators,

he would retain Leading Counsel from London and his current

Counsel in Paris as his advocate. He will be tried by judge

and jury, (the jury reaching a verdict as to whether Dr

Saniman is guilty of the offences, the judge deciding on the sentence), a system which is viewed in Anglo Saxon countries

as a guarantee of total impartiality of justice.

2.

In addition to the common law protections, Hong Kong has

a Bill of Rights which enshrines certain fundamental rights

and freedoms, including:

a) the right to trial within a reasonable time (Article 5(3)

and Article 11(2) (c));

by the right to be protected against arbitrary detention

(Articles 5 and 6);

c) the right to a fair and public trial before a competent,

independent and impartial tribunal established by law

(Article 10);

d) the right to be presumed innocent until proved guilty

according to law (Article 11(1));