The rule against double jeopardy prevents a person who has been tried for an offence from being tried again for the same offence. The rule makes no allowance for the situation where, for example, compelling new DNA evidence which points to a person's guilt comes to light after the person has been acquitted of the offence. In some other jurisdictions, the law has been changed to allow prosecutors to apply to have an acquittal quashed and a person retried in certain specified circumstances.
In the light of these developments, the subject of double jeopardy was referred to the Law Reform Commission for consideration in April 2006 and a sub-committee, under the chairmanship of Mr Paul Shieh, SC, was formed.
The sub-committee published a consultation paper on 11 March 2010 containing its recommendations for reform. The Commission's final report on the subject was published on 28 February 2012.
Mr Byron Leung, Senior Government Counsel, is the Secretary to the Sub-committee.
If you wish further information on this project, please write to the Secretary of the Law Reform Commission by fax, post or email.
The Commission's offices are at:
20/F Harcourt House
39 Gloucester Road
Tel: (852) 2528 0472
Fax: (852) 2865 2902