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The Hong Kong version of the National Security Law says that the Basic Law is overriding. Tang Jiahua: Requires the Chief Executive to step down from a non-subversive regime

2020-06-20T11:57:29.273Z


Tang Jiahua, a member of the Executive Council and a senior counsel, said today (20th) that he did not feel that the Hong Kong version of the National Security Law was overriding, but that the Basic Law was the overriding law of Hong Kong, and that the National Security Law should be Subject to the provisions of the Basic Law that protect citizens, for example, Article 39 of the Basic Law recognizes the civil and political rights of Hong Kong people. In addition, the Hong Kong Bill of Rights Ordinance also overrides all other laws. He also persuaded Hong Kong people to have confidence in the system. When there is a discrepancy between the "Hong Kong version of the National Security Law" and the "Basic Law", some people challenge its constitutionality and can be dealt with by the court. Tang Jiahua pointed out that asking the chief executive or an official to step down does not mean subverting the regime, because the political system has not been subverted, only the candidates have been changed. As for the recent Constitutional and Mainland Affairs Secretary Zeng Guowei said that those who oppose the "National Security Act of the Hong Kong District" may not be eligible to stand for election to the Legislative Council. Tang Jiahua believes that opposing a law may not necessarily be a manifestation of not supporting the Basic Law, but may require the provisions to be written. More clearly. But if the reason for opposing the National Security Law is to overthrow the regime and not accept the system, it is not to support the Basic Law.


Political situation

Written by: Liu Jinhua

2020-06-20 11:14

Last update date: 2020-06-20 11:14

Tang Jiahua, a member of the Executive Council and a senior counsel, said today (20th) that he did not feel that the Hong Kong version of the National Security Law was overriding, but that the Basic Law was the overriding law of Hong Kong, and that the National Security Law should be Subject to the provisions of the Basic Law that protect citizens, for example, Article 39 of the Basic Law recognizes the civil and political rights of Hong Kong people. In addition, the Hong Kong Bill of Rights Ordinance also overrides all other laws. He also persuaded Hong Kong people to have confidence in the system. When there is a discrepancy between the "Hong Kong version of the National Security Law" and the "Basic Law", some people challenge its constitutionality and can be dealt with by the court.

Tang Jiahua pointed out that asking the chief executive or an official to step down does not mean subverting the regime, because the political system has not been subverted, only the candidates have been changed. As for the recent Constitutional and Mainland Affairs Secretary Zeng Guowei said that those who oppose the "National Security Act of the Hong Kong District" may not be eligible to stand for election to the Legislative Council. Tang Jiahua believes that opposing a law may not necessarily be a manifestation of not supporting the Basic Law, but may require the provisions to be written. More clearly. But if the reason for opposing the National Security Law is to overthrow the regime and not accept the system, it is not to support the Basic Law.

Tang Jiahua, a member of the Executive Council and senior barrister, said that he does not think that the Hong Kong version of the National Security Law is overriding, but is subject to the provisions of the Basic Law to protect the public. It means that the Basic Law is the overriding legal effect of Hong Kong. (Photo/Photo by Lin Ruoqin)

Tang Jiahua said that when he learned that the National People's Congress enacted the "Hong Kong version of the National Security Law," he felt "somewhat stunned, but he was not very surprised." He also said that he received the news just one day before the NPC meeting, just like the general public. There was no warning beforehand, proving that the central government had done enough to keep secrets.

He also criticized the Bar Association’s repeated statements on the legislation of the “Hong Kong version of the National Security Law”. He believed that as a responsible professional body, the Bar Association’s statement should not be provocative, cause panic, and magnify things indefinitely. The professional knowledge and facts explain the regulations to the public, and they are surprised by the questions raised by the Bar Association, saying that "any lawyer can answer." Tang also criticized that the formulation of the "Hong Kong version of the National Security Law" was not a revision of the "Basic Law" or the policy guidelines for Hong Kong. He wondered why the Bar Association believed that the legislation had been passed and that the "Basic Law" would be drained. He emphasized that the common law system in Hong Kong is undoubted. It is unclear why the Bar Association believes that the National Security Law will be dealt with under different legal systems. The public will be at a loss and ensure that the implementation will not face difficulties.

Tang Jiahua's criticism that the national security law will lose "one country, two systems" after legislation is alarmist and irresponsible, and believes that the public need not panic. He reiterated that in the international human rights conventions, all rights can be restricted due to national security, and he believed that restricting freedom does not mean that freedom is lost forever. Tang also said that other countries such as the United States and the United Kingdom have national security laws. The US president can even deprive citizens of all their rights with a single order.

As for recent British officials and the European Parliament questioning the "Hong Kong version of the National Security Law" for violating the Sino-British Joint Declaration, Tang Jiahua criticized them for "having not seen the Sino-British Joint Declaration" and related documents, emphasizing that the statement did not mention the arrangements of the National Security Law and was puzzled Why do they assume that all freedom of Hong Kong people will disappear. He continued by saying that if some people think that there are unreasonable restrictions and criticisms are acceptable after the details of the provisions are announced, it is "showing ignorance" to make criticisms before the details of the provisions are announced. Tang Jiahua also pointed out that the word "collusion" is more negative than "intervention", believing that if an agreement is made with a foreign power and the remaining three crimes are committed, the crime of colluding with the foreign power will be violated. He believes that requiring foreign countries to impose sanctions is not an act that subverts the country, but because this will affect Hong Kong's economy and civilians, it is a terrorist act under the British definition.

Hong Kong version of the National Security Law|Tang Jiahua: Criminal offences should be close to the common law text or the judge will be at a loss

Hong Kong version of the National Security Law|Tang Jiahua: The implementation of human rights protection in accordance with the common law system after legislation is applicable

The Hong Kong version of the National Security Law|Tang Jiahua: The Central People's Republic of China hopes that the 23 articles of legislation will be replaced by legislation

Tang Jiahua: The CPC Central Committee used to "voluntarily" abide by the 22 rules and do not apply when speaking on behalf of the Central Committee

Tan Yaozong pointed out that the 22 articles do not cover the two offices and no interpretation is needed. Tang Jiahua advocates a unified speech in the future

Tang Jiahua Hong Kong version of the National Security Law Association

Source: hk1

All news articles on 2020-06-20

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