No Juries For National Security Trials: Regina Ip

Executive councillor and former security minister Regina Ip says it won't be appropriate to have juries for cases under Beijing's new national security law for the SAR – despite previously proposing that all national security trials such be heard by jurors.

The New People's Party legislator, who led the government's attempts in 2003 to implement national security legislation under Article 23 of the Basic Law, said it was now impossible to find what she referred to as "truly impartial" jurors.

"In many recent cases, you can see that many jurors declared they have certain connections with the defendant," Ip said on Sunday.

"You can easily say that 'I am an admirer of certain politicians' so you don't have to serve as a juror. In Hong Kong these days it's difficult to find truly impartial jurors, so present circumstances might make a trial by jury inappropriate."

Under the 2003 legislation, all national security trials would have taken place in front of a jury. Details of the new legislation, which was approved on a draft basis by the National People's Congress last month, are still to be drawn up by the NPC Standing Committee.

The law is expected to criminalise acts or activities relating to secession, subversion or terrorism, as well as foreign interference in the SAR. It's also expected to pave the way for national security agents to operate in Hong Kong.

Veteran democrat and senior counsel Martin Lee told reporters he found it ‘surprising’ that Ip would make such a suggestion – given her background as a former security secretary in charge of the ill-fated 2003 effort to enact national security laws.

Lee noted that jury trials are at present arranged for all defendants facing serious crimes at the High Court, and wondered if Ip was trying to make a suggestion to Beijing that would help its efforts to exercise ‘comprehensive jurisdiction’ over Hong Kong.

“I don’t know why any Hongkonger would make such a suggestion to deviate from current laws”, Lee said.

“Perhaps there’s a fear that juries may not be willing to find certain defendants guilty, so you have to get a judge [to do it.]”

The barrister added that people should trust both juries and judges to ascertain the truth of the matter based on the evidence presented.

Ip, meanwhile, also warned Hong Kong people against immediately taking up Britain's offer of residency in the UK for holders of British National (Overseas) passports, saying making such a move immediately would be "naive".

Britain has proposed allowing people with BN(O) status the right to live and work in the UK for renewable periods of up to a year if Beijing refuses to withdraw the national security law.

Ip said Hong Kong had countermeasures it could take if British Prime Minister Boris Johnson carried out the proposal. She said it was also against the Sino-British Joint Declaration.

"We have a visa waiver agreement with Britain and by giving 30 days' notice, Hong Kong can change the agreement. So can the UK," Ip said. "We can limit the right to work of British nationals in Hong Kong.

"Not that I am recommending it, but depending on the British measures, if they hurt Hong Kong's interests, certainly the Hong Kong government is entitled to take countermeasures."

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