Legco Primaries Case 'to Be Tried Without Jury'

RTHK has learned that the Secretary for Justice, Paul Lam, informed defendants in the case relating to the pan-democratic camp’s Legco primaries in 2020 that their upcoming trial will be conducted without a jury.

Lam reportedly said in relevant documents that the case involves external factors and would entail the need to protect the safety of jurors and their family members, and that a jury trial may pose the risk of obstructing the administration of justice.

According to the national security law, when the justice secretary issues a certificate for a national security case to be tried without a jury, it will be heard by a panel of three High Court judges.

The Judiciary’s website showed that case management hearings will be conducted in September and November for the 47 defendants.

In response to media inquiries, the Department of Justice (DOJ) said the secretary for justice would decide whether to issue a certificate for a national security trial without a jury on a case-by-case basis, adding any such arrangements would not affect the legal rights of defendants.

The DOJ also said it won’t comment on individual cases.

On reports that the primaries case will be tried without a jury, Chief Secretary Eric Chan said on Wednesday, “Because this case is now part of the court proceedings, I do not want to make too much comment on that. I think this is a most appropriate arrangement.”