Hong Kong Bill of Rights Ordinance
Part II
2-18
Section 8
Cap. 383
(5) When a person has by a final decision been convicted of a
criminal offence and when subsequently his conviction has
been reversed or he has been pardoned on the ground that
a new or newly discovered fact shows conclusively that
there has been a miscarriage of justice, the person who has
suffered punishment as a result of such conviction shall be
compensated according to law, unless it is proved that the
non-disclosure of the unknown fact in time is wholly or partly
attributable to him.
(6) No one shall be liable to be tried or punished again for an
offence for which he has already been finally convicted or
acquitted in accordance with the law and penal procedure of
Hong Kong.
[cf. ICCPR Art. 14.2 to 7]
Article 12
No retrospective criminal offences or penalties
(1) No one shall be held guilty of any criminal offence on
account of any act or omission which did not constitute a
criminal offence, under Hong Kong or international law, at
the time when it was committed. Nor shall a heavier penalty
be imposed than the one that was applicable at the time
when the criminal offence was committed. If, subsequent to
the commission of the offence, provision is made by law for
the imposition of a lighter penalty, the offender shall benefit
thereby.
(2) Nothing in this article shall prejudice the trial and punishment
of any person for any act or omission which, at the time
Verified Copy
Last updated date
15.2.2017