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Hong Kong version of the National Security Law | Liang Meifen urged to complete 23 articles as soon as possible

2020-05-30T14:11:37.256Z


The National People's Congress recently (May 28) decided to authorize the Standing Committee of the National People's Congress to formulate the "Hong Kong version of the National Security Law" directly implemented in Hong Kong to stop and punish the division of the country, subversion of the state's power, organization of terrorist activities, and external forces


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Written by: Wu Dongwei

2020-05-30 12:52

Last update date: 2020-05-30 12:52

The National People's Congress recently (May 28) decided to authorize the Standing Committee of the National People's Congress to formulate the "Hong Kong version of the National Security Law" directly implemented in Hong Kong to stop and punish the four major crimes of splitting the country, subverting the state power, organizing the implementation of terrorist activities, and interfering with external forces. . After the news came out, there was some panic in the society, but Liang Meifen, a member of the Legislative Council of the Pakatan Harapan, who is a member of the Basic Law Committee, believes that the "Hong Kong version of the National Security Law" is not equivalent to Article 23 of the Basic Law. Opportunity to make legislation on your own and fulfill your constitutional responsibilities as soon as possible. Regarding the "Hong Kong 01" initiative, the Standing Committee of the National People's Congress may formulate a "sunset clause" in the "Hong Kong version of the National Security Law". After Hong Kong has completed 23 legislative works, the law will be removed from Annex III of the Basic Law. Liang Meifen responded that it does not exclude Relevant discussions can be launched at that time.

"Hong Kong should cherish the opportunity to make legislation on its own"

The National People ’s Congress resolution authorized the Standing Committee of the National People ’s Congress to “establish and improve the legal system and enforcement mechanism for safeguarding national security in the Hong Kong Special Administrative Region” and will incorporate it into Annex III of the Basic Law for direct implementation in Hong Kong without the need for local legislation. Liang Meifen believes that the central government is a tough and direct measure. In addition to plugging the loopholes in Hong Kong's national security, it is also urging the SAR government to complete its constitutional responsibility for legislation on Article 23 of the Basic Law as soon as possible.

Liang Meifen pointed out that the "Hong Kong version of the National Security Law" can be included in Annex III of the Basic Law, which is a "national law" and its status overrides all regional laws; because the Hong Kong Government has not made legislation on Article 23 of the Basic Law, that is, relevant Guoan ’s crimes have not yet been explained in detail. If someone is suspected of committing the crime of “subversion of the country”, the law enforcement agencies will inevitably be dealt with through the “Hong Kong version of the National Security Law”. If there is a dispute during the trial, the court can only ask for those who are familiar with the criminal law of the Mainland Experts provide assistance-therefore, the SAR government has an urgent need to complete the constitutional responsibilities listed in the Basic Law as soon as possible. At that time, this more detailed and common law "Hong Kong version of the National Security Law" may be repairable The vague zone of the "Hong Kong version of the National Security Law" has even become the main basis for law enforcement and judicial authorities, without requiring assistance from mainland criminal law experts at every turn, so that the "National Security Law" can be adapted to local laws.

Liang Meifen pointed out that the Hong Kong government has an urgent need to complete the constitutional responsibilities listed in the Basic Law as soon as possible. At that time, this more detailed and common law principle of the "Hong Kong version of the national security law" may be revised. The vague zone. (Profile picture / Photo by Luo Guohui)

However, Liang Meifen does not deny that, given the current situation in Hong Kong society, it is indeed difficult to implement Article 23 of the Basic Law in a short period of time, so she understands that the Central Government has to incorporate the "Hong Kong version of the National Security Law" into the Basic Law and announce it directly in Hong Kong. The action taken is actually to provide a guarantee for national security. But she also reminded that Hong Kong people should not regard the "Hong Kong version of the National Security Law" as Article 23, and even cherish the opportunity to be able to make legislation on their own. Once the social unrest continues, "This draft (Hong Kong version of the National Security Law) will only change. It's more spicy. "

"Annex 3 has a mechanism for addition and deduction, which may be re-tilted after the 23rd legislation"

"Hong Kong 01" recently proposed that the Standing Committee of the National People's Congress may add a "sunset clause" when formulating the "Hong Kong version of the National Security Law", which states that when the SAR Government will legislate on Article 23 of the Basic Law, it will incorporate the "Hong Kong version of the National Security Law". Annex III of the Basic Law will be removed. According to Article 18 (3) of the Basic Law, the Standing Committee of the National People ’s Congress may increase or decrease the laws listed in Annex III, and the so-called “increase or decrease” means that the resolution representing the Standing Committee of the National People ’s Congress is not an irreversible operation. For example, in 1997, when the Standing Committee of the National People ’s Congress added the “National Emblem Law of the People ’s Republic of China” to Annex III of the Basic Law, it simultaneously deleted the “Order of the Central People ’s Government to Announce the National Emblem of the People ’s Republic of China”.

"Hong Kong 01" believes that this will not only increase Hong Kong society's confidence in the NPC legislation, but also help the SAR government fulfill its constitutional responsibility for completing the legislation as soon as possible. In this regard, Liang Meifen also believes that if the Hong Kong government can legislate on Article 23 of the Basic Law, it will not rule out that the central government is willing to start relevant discussions at that time. After all, there are precedents in the past that can be used as a reference.

Starting from the occupation operation in 2014, the central government questioned the lack of sufficient capacity of the SAR government to handle the expansion of opposition forces. The picture shows the police launching tear gas on Xia Road in 2014, and a demonstrator held an umbrella high. (Tyrone Siu / Reuters)

However, Liang Meifen also pointed out that the unprecedented "internal and external problems" in Hong Kong's serious history, if the situation continues, the possibility of related operations will only become increasingly slim.

The so-called internal worries refer to the fact that since the occupation operation in 2014, the central government questioned the lack of sufficient capacity of the SAR government to deal with the expansion of opposition forces. For example, after the 2016 Legislative Council election, self-determination and the idea of ​​Hong Kong independence appeared in the parliament, and the situation has deteriorated in recent years The central government can only use the "Hong Kong version of the National Security Law" to fill the national security loopholes facing Hong Kong.

As for foreign troubles, it is related to the confrontation between China and the United States in recent years. Liang Meifen mentioned that in recent years, pan-family members have traveled to Europe and the United States to urge the local government to sanction Hong Kong. This will undoubtedly bring a heavy blow to Hong Kong. "Hong Kong ’s parliamentarians actually went to foreign countries to sing Hong Kong, and even requested the US government to sanction." It is unclear how dangerous the current international shape is. "Only then did the central government lose patience with the Hong Kong government's own legislation.

After the 2016 Legislative Council elections, self-determination began to appear in Parliament. (Profile picture)

"The" Hong Kong version of the National Security Law "will take into account the principle of" law proportionality "

However, in view of the different legal systems between the land and the port, and many cases of wrongs, false and false reports in the mainland, Hong Kong people are inevitably full of doubts about the criminal law system in the mainland, and even worried that after the "Hong Kong version of the National Security Law" is fully implemented, Hong Kong ’s original Human rights protection will be damaged as a result. For example, representatives of the literary and art circles have reported that the "Hong Kong version of the National Security Law" may limit their cultural and creative space. Other lawyers have questioned that it will become a tool for eroding Hong Kong's democracy and freedom.

Regarding various concerns in the community, Liang Meifen called on the society to calm down first. She also reiterated that the "Hong Kong version of the National Security Law" will not conflict with or impact the Basic Law, because the NPC must take into account "law proportionality" when enacting legislation. In other words, the rights of speech, press, and press freedom granted to Hong Kong residents under Article 27 of the Basic Law can be protected according to law.

More "Hong Kong 01" in-depth report articles:

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History Section. Depth | Thinking about the national consciousness from the dispute of test questions-what kind of Hong Kong people did the colony cultivate?

Hong Kong version of the National Security Law | Why did “Terrorist Prevention and Control” not covered by Article 23 of the Basic Law appear?

Hong Kong version of National Security Law | From "Self-Legislation" to "Central Legislation"

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[Hong Kong version of National Security Law. Depth] How to enforce the law after legislation?

[DSE History Department. Depth] Behind the controversy of test questions-conflict between teaching and goals

【Depth】 Liang Junyan's proselytism will be full of ups and downs-this is how the Parliament shut down for half a year

【Ocean Park. Depth] Applying 5.4 billion yuan to the finance and accounting for salvation, or is the long-term pain better than the short-term pain?

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01 depth

In-depth report on 23 Articles of the Basic Law of the Hong Kong version of the National Security Law

Source: hk1

All news articles on 2020-05-30

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