'Govt Considers Pardons After Judicial Process'

Sources have told RTHK that the Hong Kong government has looked into the feasibility of granting pardons to those convicted over the current protests, but only after they have gone through the judicial process.

It's understood that the proposal is to take decisions after vetting cases individually, rather than a blanket amnesty.

The idea is based on the powers granted to the Chief Executive under Article 48 of the Basic Law, which says the CE can "pardon persons convicted of criminal offences or commute their penalties".

The sources added that pardons could not be made solely at the discretion of the Chief Executive and there would need to be an objective basis for them – like recommendations by an independent inquiry panel or religious leaders.

This means the pardons could only be granted after a suspect has been convicted and any announcement of an amnesty beforehand "would affect the rule of law”, the sources said.

Replying to an enquiry, the Chief Executive's Office said the Basic Law gives the CE the power to pardon or reduce the penalties of criminal offenders. But, the office added that it did not wish to issue any false information that criminals are to be pardoned.

Meanwhile, the Department of Justice said it always reviews different policies and laws and provides legal advice to various departments.

A legal expert from Hong Kong University, Johannes Chan, said the law allows the Chief Executive, Department of Justice and police commissioner to introduce a defacto amnesty, using various means.

For example, he said, it can be done through the power granted to them to halt prosecutions and investigations.

But executive councillor Ronny Tong, who is also a senior counsel, claimed it's against the rule of law not to charge people who have committed offences.

Tong said the Department of Justice has the power to prosecute perpetrators, and that no one should intervene, not even the Chief Executive.

He said if the issue is how to solve problems in society, then setting up a reconciliation commission would suffice.

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