Xu Bing named cultural ambassador

DoJ rejects malicious attacks

The Department of Justice (DoJ) today said it will not tolerate malicious attacks on its decision, which was made in accordance with the law.   In a statement setting out the general principles in handling prosecutions, the DoJ reminded the public to refrain from commenting on any case in which the legal proceedings are still ongoing.   The statement said in respect of an application for review of admission to bail lodged by the DoJ on March 4, it should be noted that the case in question involves application for bail under Article 42(2) of the National Security Law.   The Court of Final Appeal delivered a judgment on February 9 on how to apply the granting of bail to a person charged with an offence under the National Security Law.   According to the Criminal Procedure Ordinance, the Secretary for Justice may apply to a judge to review the decision of admission to bail by a magistrate. The ordinance provides that a person may also apply to a judge to be admitted to bail if their bail application has been refused by a magistrate.   In accordance with the ordinance, when the Secretary for Justice indicates that an application for a review of the decision of admission to bail would be lodged, the magistrate shall upon application by the Secretary for Justice if the person so admitted is present, order that the person be detained in custody and be brought before a judge.   In general, bail applications are heard in chambers. However, the ordinance shall be observed when making reports of bail proceedings.   The DoJ said arrested people are required to be brought up before a magistrate as soon as practicable after they have been charged and detained.   The presiding magistrate will have to deal with the issue of bail and to settle the upcoming course of the proceedings.   In an event that defendants are prosecuted under the same case, it has to be presided over by the same magistrate in accordance with the procedure, the department added.
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