SAR v Chau Yui Ming if there are 3 or more in the minority this is known as

Sar v chau yui ming if there are 3 or more in the

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SAR v Chau Yui Ming - if there are 3 or more in the minority, this is known as “ hung jury” and the trial is abandoned-> up to the prosecution whether to make a retrial - judge can stop the retrial if he see this as an abuse of the process-> normally, prosecution abandoned if 2 jury has hung - Privilege for self-incrimination, right to remain silent - Silence should not be used as an evidence to show that a person is guilty Help to build confidence in the legal system, moderate the harshness of criminal justice - Not an absolute right, not every cases have a jury trial( Chiang Lily v Secretary of Justice) - Secretary of justice’s decision of whether there is trial by jury by deciding whether the case would be tried in DC or CFI( prerogative of the Secretary for Justice) - The accused can challenge the jurors ( not more than 5 ppl without reason, all jurors if with reason) - “hung jury” does not mean that the accused is acquitted, but the trial is abandoned( Donald Tsang bride acception case) 陶傑 - The doctrine of “jury equity”: last line of defence against oppressive prosecution Undermine the right to a fair trial as the accused do not know the reasons for being convicted
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Chapter 11 - International Law in Hong Kong Introduction - International law/ law of nation and public international law set forth from art.38(1) if the Statute of the International Court of Justice - Governs how sovereign relates to each other - Private international law> domestic law - Many of the most pressing problems have transcended state boundaries, e.g. terrorism, cybercrime, human trafficking Branches of International law: 1) International criminal law 2) International economic law 3) International environmental law 4) International humanitarian law 5) International human right law Hong Kong Before handover SBJD : - HK may establish mutually beneficial economic relations with UK and other countries - HK may on its own maintain and develop economic and cultural relations and conclude relevant agreements with states, regions and relevant international organization Non-state international legal actor Legally proximate to states as possessing a certain autonomy, territory and population, and some legal capacities on the international law - HK was allowed to determine on its own whether to join the Commonwealth’s sanctions against South Africa “quasi-state” Examples: A full member of the General Agreement on Tariffs and Trade(GATT) in 1986, a consequential role in mediating Sino-American trade conflict in 1994, a full member of APEC in 1992, granted observer status on the Trade Committee of the Organization for Economic Cooperation and Development (OECD) in 1994, a founding member of WTO in 1995 A member of 53 international organizations before handover HK after handover BL 13(3) CPG authorizes HKSAR to conduct relevant external affairs on its own in accordance with this Law Endowing HKSAR with many attributes of international legal personality even though it is not an independent sovereign state -
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