Hong Kong’s government is set on maintaining its current jury system despite calls for reform from some pro-establishment figures, according to the city’s justice minister Paul Lam. During a recent television interview, Lam emphasized the importance of the jury system enshrined in the city’s mini-constitution, the Basic Law, and underscored the need for careful consideration before making any changes.
In discussions sparked by Ronny Tong, a barrister and government advisor, concerns were raised about the need for reform following a 2019 case involving a foiled bomb plot which was brought under a UN anti-terrorism law. After a nine-member jury’s verdict that acquitted six individuals and convicted one, critiques about the jury’s decision-making processes arose. Tong suggested implementing an appeals system to address such concerns.
The jury trial, a mainstay of Hong Kong’s judicial system under British colonial rule, allows residents aged 21 to 64 who meet certain mental, moral, and intellectual criteria to serve as jurors. Primarily utilized in the High Court for criminal cases, the jury’s deliberation process traditionally does not require the disclosure of reasoning behind their verdicts, thus prohibiting the prosecution from appealing acquittals.
However, exceptions exist where the prosecution can appeal if a judge’s misdirection is believed to have influenced the jury’s verdict. Furthermore, the introduction of the Beijing-imposed national security law in 2020 has significantly altered the landscape for specific cases. Under this law, cases deemed relevant to national security can proceed without a jury to safeguard state secrets and protect judicial personnel.
This law has already been applied in high-profile cases, such as those involving pro-democracy activists and tycoons like Jimmy Lai, where trials were conducted by judges instead of juries. The rationale provided by advisors like Tong emphasizes the legal expertise of judges which, according to them, ensures a less biased and more legally sound judgment in politically sensitive cases.
Despite these developments and their widespread implications for Hong Kong’s judicial practice, Lam’s recent remarks make it clear that there are no immediate plans to overhaul the traditional jury system. The government appears cautious, aiming to balance calls for reform with the principles established in the Basic Law.
The emphasis on maintaining longstanding judicial practices comes amid broader conversations about the integrity and independence of Hong Kong’s legal system post-2017 political shifts, reflecting the region’s evolving governance under Chinese authority while attempting to uphold its distinct legal heritage.
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