In criminal or civil proceedings in the Hong Kong Special Administrative Region, what is the presumption for anyone who is lawfully arrested until convicted?

The presumption for anyone who is lawfully arrested in the Hong Kong Special Administrative Region (SAR) until they are convicted is that they are innocent. This principle, known as the presumption of innocence, is a fundamental aspect of criminal law and is enshrined in various international human rights instruments, as well as in the legal framework of Hong Kong.

The presumption of innocence is crucial because it upholds the right of individuals to be treated as if they are not guilty of the charges against them until the prosecution has proven their guilt beyond a reasonable doubt in a court of law. This principle serves to protect individuals from wrongful conviction and ensures that the burden of proof lies with the prosecution.

In the context of civil proceedings, while the terminology might differ, the burden of proof generally also rests on the claimant, reinforcing the idea that a defendant is presumed to be innocent of the claims made against them until proven otherwise.

This legal standard reflects the commitment of Hong Kong's legal system to uphold justice and protect individual rights, establishing a fair and impartial process for all parties involved in legal proceedings.