Hong Kong version of the National Security Law｜The Bar Association advocates that there should be no retrospective effect and that Hong Kong courts should have complete jurisdiction

Political situation

Written by: Liu Jinhua

2020-06-12 23:55

The Bar Association raised the doubt that the "Hong Kong version of the National Security Law" would have an impact on Hong Kong's constitutional system last month. It issued a statement today (12th) advocating that the National Security Law should not be retroactive and should not only allow Chinese nationals During the trial of the judge, the Hong Kong court should have comprehensive and complete jurisdiction over the interpretation and application of the National Security Law, and the defendant should also have the right to be tried in the presence of a jury.

The Bar Association once again issued a statement advocating that the National Security Law should not be retroactive, nor should it only allow Chinese national judges to try. The Hong Kong courts should have comprehensive and complete jurisdiction over the interpretation and application of the National Security Law, and the defendants should also have The right to be interrogated with a jury. (Profile picture)

The Bar Association also mentioned that since the Standing Committee of the National People’s Congress believes that the Hong Kong version of the National Security Law is enacted because the SAR did not have local legislation on Article 23 of the Basic Law in the past, the National Security Law should not be different from the provisions of other SAR’s own local legislation. It should be coordinated with the legal system of the SAR. If the SAR makes legislation on national security on its own, the national security law should be terminated.

The Central Bar Association expressed doubts that the central government may establish a national security agency in Hong Kong, and believes that the relevant agency requires the provisions of Article 22 of the Basic Law, that the national security agency and its personnel must abide by the laws of the Special Administrative Region, and should not receive any civil or criminal Immunity. Article 22 of the Basic Law stipulates that various departments of the Central Government shall not interfere in Hong Kong’s self-administered affairs under the Basic Law. If the Central Government needs to establish an organization in Hong Kong, it must first obtain the consent of the Hong Kong Government. Get any civil or criminal immunity.

Set up jury and protect defendant's rights in accordance with common law principles

The statement also stated that the National Security Law is a law specifically formulated for the Special Administrative Region, so the interpretation of the provisions and contents shall be handled in accordance with the common law principles, and the contents and interpretation shall comply with the Basic Law, especially the relevant "Citizens and The implementation and arrangement of the Political Rights Convention in Hong Kong, as well as the human rights law of the SAR.

The Bar Association stated that because of the serious crime, the defendant should have the right to be tried in the High Court of First Instance and with a jury, and prosecution work can only be started after the Secretary for Justice has agreed in writing. Prosecutions should be handled strictly in accordance with the criminal procedures of the SAR. The rights of the parties to the defense, such as presumption of innocence, contact with a lawyer, free legal aid, and appeal, should be protected.

The Bar Association reiterated that the application and interpretation of the Hong Kong version of the National Security Law should also be based on common law principles and provide all protection under the justice of the criminal justice system and procedures of the SAR. Criminal offences should be clearly defined so that the public can know what actions will be covered under the new law.

Zeng Guowei said that the Central Liaison Office is not bound by the 22 articles of the Bar Association and said that the reply has no credibility

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