Hong Kong Law Journal
2019, Vol 49, Part 3, pp. 865-882
Abstract: In response to calls for an amnesty as one of the measures to bring to an end the 5-month conflicts arising from the proposed amendments to the Extradition Bill, the HKSAR Government said that it has no power to grant an amnesty and that to do so is against the rule of law. This article refutes both arguments, and argues that there are different legal means to allow the HKSAR Government to grant amnesty to both the protesters and the police; that granting immunity from prosecution on grounds of public interest is not contrary to the rule of law; and that, in light of foreign experience, the situation in Hong Kong is ripe for a serious consideration of the granting of amnesty.
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