'Govt Considers Pardons After Judicial Process'
"); jQuery("#212 h3").html("

"); jQuery(document).ready(function() { jwplayer.key='EKOtdBrvhiKxeOU807UIF56TaHWapYjKnFiG7ipl3gw='; var playerInstance = jwplayer("jquery_jwplayer_1"); playerInstance.setup({ file: "https://newsstatic.rthk.hk/audios/mfile_1490147_1_20191105172939.mp3", skin: { url: location.href.split('/', 4).join('/') + '/jwplayer/skin/rthk/five.css', name: 'five' }, hlshtml: true, width: "100%", height: 30, wmode: 'transparent', primary: navigator.userAgent.indexOf("Trident")>-1 ? "flash" : "html5", events: { onPlay: function(event) { dcsMultiTrack('DCS.dcsuri', 'https://news.rthk.hk/rthk/en/component/k2/1490147-20191105.mp3', 'WT.ti', ' Audio at newsfeed', 'WT.cg_n', '#rthknews', 'WT.cg_s', 'Multimedia','WT.es','https://news.rthk.hk/rthk/en/component/k2/1490147-20191105.htm', 'DCS.dcsqry', '' ); } } }); }); });
2019-11-05 HKT 11:09
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.
______________________________
Last updated: 2019-11-05 HKT 11:40
HSBC And Standard Chartered Venture Reportedly Among First For Hong Kong Stablecoin Licenses
People familiar with the matter say HSBC and a joint venture led by Standard Chartered will likely be among the first f... Read more
Hong Kong Taxi E-Payment Adoption Surges, Hits 90% Ahead Of April 2026 Mandate
The taxi industry is moving decisively toward digital payments as the mandatory Hong Kong taxi e-payment requirement, s... Read more
SUNRATE Renames China Payment Unit Following Regulatory Approval
SUNRATE has changed the name of its China-licensed entity from Transfar Pay to SUNRATE Pay following following regulato... Read more
Bithumb Could Face Six-Month Business Suspension Over AML Breaches
Financial authorities plan to impose significant sanctions on virtual asset exchange Bithumb for breaching anti-money l... Read more
HSBC Hong Kong Enables Digital Consolidation Of Multiple Passbooks
HSBC Hong Kong has introduced a new Passbook Consolidation feature on the HSBC HK App, allowing customers to view and m... Read more
PAObank Launches Flexible Wealth Service For Retail Customers
PAObank has launched a new wealth service, offering a dual-advantage solution that allows customers to switch between i... Read more
