Political situation
Written by: Lin Jian
2020-06-14 16:05
Date of last update: 2020-06-14 21:27The National People's Congress passed the implementation of the National Security Law of the Port Area last month, which has aroused public concern. The Bar Association issued a statement last Friday (June 12), requesting that the National Security Law is not retroactive, that the interpretation and application of the provisions and their contents must be handled in accordance with the principles of the common law, and that the sunset clause shall expire after the local national security laws have been established by the local government. .
The Secretary for Justice Zheng Ruohua published a blog today (14th), not responding to the Bar Association’s statement by name. She pointed out that it is unreasonable and unrealistic to require all the national security laws of the national law to follow the laws of Hong Kong's common law; in addition, the sunset clause's recommendations are superfluous.
The Bar Association issued a statement last week advocating that the National Security Law should not have retrospective effect, nor should it only allow Chinese 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 The right to be tried in the presence of a jury. (Profile picture)
Zheng Ruohua pointed out that there are currently two legal systems in the People's Republic of China: statutory law and common law. She believes that it is unreasonable and unrealistic to require all the legal provisions of the National Security Law, which is a national law, to follow the laws of Hong Kong’s common law, but of course the legal provisions must be clear and unambiguous.
She quoted Zhang Xiaoming, deputy director of the Hong Kong and Macao Affairs Office of the State Council, on June 8 as saying that the statutory law system in the Mainland and the common law system in Hong Kong have some similar characteristics, including retrospectiveness, the principle of presumption of innocence, the burden of proof, the standard of evidence and the law Clear requirements, etc.
Regarding the proposal of the sunset clause, Zheng Ruohua stated that the NPC Standing Committee has the right to increase or decrease the laws of Annex III of the Basic Law after consulting the Basic Law Committee and the Hong Kong Special Administrative Region Government. Therefore, it is really superfluous to propose the establishment of a sunset clause. She pointed out that the National Security Law is a national law, which proposes a legal framework and enforcement mechanism at the national level; the laws passed in Hong Kong deal with some issues that endanger national security from the level of the SAR, and are not necessarily sufficient to deal with national security that affects 1.4 billion people across the country Matters.
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
The Hong Kong version of the National Security Law │The Bar Association wrote to the National People's Congress to promote public consultation and publicize the draft law
Hong Kong version of the National Security Law｜Zheng Ruohua expects no retrospective period but may have exceptions Guo Rongkeng: Note fear for Hong Kong people
Hong Kong version of the National Security Law Zheng Ruohua Bar Association