Government officials in Hong Kong have been responding to criticisms about the slow pace of prosecutions related to the 2019 protests. With two-thirds of those arrested still awaiting trial, there is growing unease about the delays. The Secretary for Justice, Paul Lam, claimed that there is no statute of limitations on criminal cases in Hong Kong, which is inaccurate. Statutory requirements exist for certain offenses to be prosecuted within six months of detection to ensure a fair trial.
Secretary for Security Chris Tang defended the delays, stating that the police needed time to gather evidence and that imposing time limits on prosecutions would go against the rule of law. However, critics argue that prolonged delays can compromise the fairness of trials and violate the right to a speedy trial, which is a fundamental human right.
Legal expert Grenville Cross SC also supported the government’s stance, citing the ancient common law doctrine that “time does not run against the Crown.” This doctrine, originating from medieval times, has been abolished in many jurisdictions due to concerns about unfairness and injustice caused by prolonged delays in legal proceedings.
The Department of Justice’s slow handling of cases has also contributed to the delays, with some cases taking years to receive legal advice. This inefficiency further exacerbates the backlog of cases awaiting trial, prolonging the ordeal for defendants and raising concerns about human rights violations.
While justice must be served, it is essential to balance the need for a fair trial with the right to a speedy resolution of legal matters. The government should explore alternative solutions to address the backlog of cases and prevent the justice system from being overwhelmed by delays. By prioritizing efficiency and fairness, Hong Kong can uphold the rule of law and ensure that justice is served in a timely manner.