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Exclusive | National security law offenders in Hong Kong will not be sent for trial in mainland China, senior legal source says

  • Beijing legislation tailor-made for Hong Kong will be incorporated into latter’s legal system with built-in protections, insider says
  • Principles such as presumption of innocence and proof beyond reasonable doubt ‘will be followed in related trials’

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Beijing legislation tailor-made for Hong Kong will be incorporated into latter’s legal system with built-in protections, insider says. Photo: Roy Issa

Beijing’s new national security law will be incorporated into Hong Kong’s legal system with built-in protections for offenders, who will not be sent across the border to mainland China to face trial, according to a senior legal source.

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Principles such as presumption of innocence and proof beyond reasonable doubt to validate a criminal conviction would be followed in related trials, the source told the Post on Wednesday.

The reassurance came a day before the National People’s Congress was expected to endorse a resolution to delegate its Standing Committee, China’s top legislative body, to craft the tailor-made legislation that would outlaw acts and activities of secession, subversion, terrorism and foreign interference in Hong Kong.

“Offenders under the new law will face open trials in Hong Kong after the law is passed. They won’t be sent across the border to the mainland for trial,” the source said. In mainland China, some national security trials have been heard behind closed doors because of political sensitivity.

The burden of proof would fall on prosecutors to obtain a conviction in national security trials, according to the source, who added that the draft legislation, which could be in place by August, was “already in the drawer”.

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