Political situation
Author: Zheng Rongdi
2020-06-15 11:32
Last update date: 2020-06-15 11:32The Secretary for Justice Zheng Ruohua posted a blog yesterday (14th), responding to the Bar Association’s statement by name, referring to the requirements of the National Security Law as a national law, all in accordance with the law of Hong Kong’s common law, which is unreasonable and unreasonable Actually; I also think that the proposal of setting up the "Sunset Clause" to make the "Minato City National Security Law" locally invalidate the Article 23 of the Basic Law.
Executive Council member and senior barrister Tang Jiahua believes that it is difficult to require the Mainland to write the entire set of laws for the National Security Law of the Hong Kong District like common law, but the regulations concerning criminal offences should be handled as close as possible to criminal offences under the common law system. Standards, otherwise judges trained under the common law will be at a loss.
The Secretary for Justice Zheng Ruohua posted a blog, pointing out that it is unreasonable and unrealistic to require that all legal provisions of the National Security Law, which is a national law, be written in accordance with the laws of Hong Kong’s common law. (Photo by Lu Yiming)
The Vice-Chairman of the Bar Association, Ye Qiaoqi, pointed out in a Hong Kong and Taiwan program this morning (15th) that Zheng Ruohua’s statement made no sense, because the Basic Law stated that Hong Kong practiced the common law system, "We have always practiced common law. Proper?" Ye Qiaoqi explained that the common law guarantees and interprets human rights and freedoms more closely, while the statutory provisions are broader and sometimes not specific. She believes that, according to common law principles, it is a reasonable request to hope for long-lasting protection.
Zheng Ruohua's blog mentions that "legal provisions must be clear and clear." It is also said that the mainland statutory law system has similar characteristics to the Hong Kong common law system. Ye Qiaoqi believes that the relevant statement is not enough to make people doubt, because the domestic law application is very different from Hong Kong. For example, there are human rights lawyers who have not been tried in public. Ye Qiaoqi also pointed out that if the "Minato City National Security Law" is not drafted in accordance with the common law, it may affect the judge's judgment and cause problems in interpretation.
As for the requirement to set up a "sunset clause", Ye Qiaoqi pointed out that the starting point of the Bar Association is to understand the legislative background of the "National Security Law", which is an expedient measure for the Mainland authorities to fail to legislate on Article 23 of Hong Kong. If Hong Kong can legislate on its own, then The "Minato City National Security Law" should be removed.
Ye Qiaoqi, Vice Chairman of the Bar Association. (Profile picture)
Tang Jiahua: Criminal offences should be as close to common law as possible
Tang Jiahua, a member of the Executive Council and senior counsel, said that three of the two UN member states use statutory laws, and many of the guarantees on the seats can be applied to both legal systems, including the International Covenant on Civil and Political Rights. Tang Jiahua pointed out that the written law is more principled and relies on judges to use their discretion to handle cases; under common law, judges have less room to cite laws and can only enforce the law based on the text, so the regulations must be written more carefully and accurately.
Tang Jiahua believes that if the Mainland is to formulate a national security law for Hong Kong, it is difficult to write the entire set of laws like the common law. However, his regulations concerning criminal offences should be handled as close as possible to the standards of criminal offences under the common law. Understand the circumstances under which the law is violated, otherwise judges trained under the common law system will be at a loss.
As for the "Sunset Clause" proposed by the Bar Association, Tang Jiahua described the proposal as unrealistic, because only the central government has the power to remove the law "Basic Law" from Annex III, plus the society has no opportunity to explore whether it is possible to pass 23 in the next 10 years. The legislative timetable and the political situation will be difficult to estimate.
Hong Kong version of the National Security Law｜Zheng Ruohua: Unrealistic sunset clauses based on common law
Hong Kong version of the National Security Law｜Zheng Ruohua: The central government will consult the legal profession if national security personnel also need to abide by the law
Hong Kong version of the National Security Act Tang Jiahua Zheng Ruohua Bar Association
