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[01 Weekly Editorial] National Security Act empowers HKSAR officials

2020-06-22T17:08:32.033Z


The Standing Committee of the National People’s Congress initially reviewed the “Law of the People’s Republic of China on the Maintenance of National Security (Draft)” (hereinafter referred to as the “Draft”), and Xinhua News Agency issued the NPC Legal Work Committee last Saturday (June 20)


editorial

Written by: Hong Kong 01

2020-06-22 06:00

Last update date: 2020-06-22 06:00

The Standing Committee of the National People’s Congress initially deliberated on the “Law of the People’s Republic of China on the Maintenance of National Security (Draft)” (hereinafter referred to as the “Draft”). Xinhua News Agency published on Saturday (June 20) Shen Chunyao, Director of the Legal Work Committee of the National People’s Congress The explanation of the "Draft" at the meeting summarized the main contents of the "Draft" with "six clears". The Hong Kong society is full of anxiety about the legislation of the National Security Law. Now that the principles of the provisions are clear, even though the content of the legislation is more in line with Hong Kong’s legal tradition than most people estimate, the prejudice and the lack of confidence in the rule of law in the Mainland have prevented all doubts from being resolved in the short term. At the same time that the Central Hong Kong Administration Team is resolutely launching the new bureau, it should also actively grasp the people's feelings in Hong Kong in the next work, improve the "liaison" work, and resolve Hong Kong society's suspicion of whether "one country, two systems" will continue. For the SAR governance team, in addition to shouldering the arduous task of comprehensive social reform in Hong Kong, it will also have a long way to go to shoulder the responsibility of safeguarding national security in the future.

The "six clarifications" of the "Draft" not only show that the central government has the fundamental responsibility for national security affairs, but the SAR has the constitution and main responsibility for maintaining national security in Hong Kong. It also clearly states that the central government’s current legislative council guarantees under the framework of the "Basic Law" Hong Kong people should have the right, except in certain circumstances, the SAR will be fully responsible for exercising legal jurisdiction. In terms of specific implementation mechanisms, the Central Government will set up a "National Security Agency" in Hong Kong to collect and analyze national security information and supervise, guide, coordinate, and support the SAR in fulfilling its responsibilities for maintaining national security. The SAR will set up its own "National Security Committee" led by the chief executive. , The central government will appoint consultants to support the operation of the committee.

Arrangements such as the establishment of the National Security Agency, national security advisers, and law enforcement reservations for "exceptions" are not well liked by Hong Kong society. However, when carefully pondering the "six definitions", it is not difficult to see that it clearly shows the basic principle of "one country, two systems" that the central government has been emphasizing in recent years, that is, "one country" is the foundation, and "two systems" is the foliage. "Hong Kong 01" tirelessly pointed out that "positive one country, two systems" based on this bottom line principle is a new normal that Hong Kong must face; now the central government has given Hong Kong jurisdiction under the clear responsibility of maintaining national security, reminding us once again of where we are Constitutional order.

(Profile picture / China News Service)

The SAR has independent jurisdiction to respect the two systems space

Since the National People's Congress announced the decision of the "Minato City National Security Law" during the two sessions at the end of May, after nearly a month of anxiety, most Hong Kong people must have clearly felt that the legislation has already been cooked and will not change due to external pressure.

There are voices saying that after the National Security Law is enacted, Hong Kong will enter "one country, one system." This view flows from the standpoint, regardless of the specific content. When we see "national security", we subconsciously oppose it, and we absolutely disagree. At the same time, the specific content of the National Security Law and who will lead the enforcement will indeed have a profound impact on Hong Kong's high degree of autonomy. Hong Kong and the Mainland have different legal systems. It is understandable that the legal community is concerned that the Act of National Security by the Mainland may not be compatible with Hong Kong’s common law system.

Fortunately, we can see from the "Six Clarifications" that the Central Government did take into consideration in the legislation of the "Minato City National Security Law" how to maintain the national security of the "one country" subject and respect the characteristics of Hong Kong's rule of law. Make a reasonable balance between the differences of Most of the work to implement the National Security Law is delegated to Hong Kong to handle it by itself, which reflects respect for the "two systems."

National security belongs to national affairs, and is centrally commanded and enforced by the central government internationally. Even in a federal state like the United States that has greater administrative power, national security laws are also federal laws. However, Hong Kong, based on unique historical factors, allowed Hong Kong people to legislate on national security issues when enacting the Basic Law. This was a privilege. It is a pity that Article 23 of the Basic Law clearly states that Hong Kong must legislate to protect national security, but the Hong Kong society has repeatedly languished in a pan-politicized atmosphere. After 23 years of reunification, it is still impossible to establish a political consensus on self-legislation. This led the central government to take the initiative to block the national security loopholes.

As far as the "six clears" are concerned, the "National Security Law of the Port Area" still strives to respect the spirit of Hong Kong people's own jurisdiction over national security laws to the greatest extent. Among them, the Hong Kong National Security Council (hereinafter referred to as the "National Security Council") is composed of chief executives and SAR officials. The central government only appoints consultants, which embodies the principle that national security decisions are solely the responsibility of the SAR.

(Information picture/photograph by Ou Jiale)

Emphasize that the rule of law is free to take into account the concerns of Hong Kong people

In terms of law enforcement, the "Draft" pointed out that the SAR Government will set up a special department to deal with it. Except for specific circumstances, the SAR has jurisdiction over cases covered by the National Security Law, which means that most of the cases will be handled and sentenced by the SAR. What is a "specific situation" needs further clarification, but the "Draft" states that the bill will specify relevant standards and procedures in detail. The central government has clearly stated that it has the fundamental responsibility for maintaining national security, and this arrangement is not surprising. Obviously, it is to allow the central government to have legal channels to intervene in the event that the special zone cannot handle the situation by itself.

Overall, in terms of the key points that have been announced, maintaining national security in Hong Kong relies heavily on the SAR itself from decision-making to specific implementation, without departing from the principle of high degree of autonomy. In view of the current international and local situation, it is better to say that the National Security Law is to implement "one country, one system" rather than to chaos anyway and prevent "one country, two systems" from going to the evil path. It is to pragmatically maintain Hong Kong's "one country, two systems" And work hard for social stability.

On the other hand, the "Draft" emphasizes the protection of the human rights of Hong Kong people and responds to the important concerns of Hong Kong people. The "Draft" clearly clarifies the protection of human rights and respects the principles of the rule of law, and guarantees the Basic Law, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Freedom, as well as the freedom and rights of association, assembly, procession, demonstration, etc., have long been concerned by Hong Kong people. Some Hong Kong people worry that the National Security Law prohibits Hong Kong people from criticizing the CCP, or prohibits marches and protests. The Draft shows that the National Security Law does not deprive Hong Kong people of the freedom they have always enjoyed. We sincerely hope that after the rain clears the sky, Hong Kong society will regain the vitality of a civil society of "harmony."

The "Draft" also mentioned that only those crimes that are expressly stipulated will be convicted, and those that are not stipulated will not be convicted. Sentencing is handled on the principle of "presumption of innocence" and also protects the right of defense and other litigation rights that the defendant and other litigants can enjoy according to law. From this point of view, it also shows that the "Minato City National Security Law" respects the common law traditions applicable to Hong Kong. It is not just a law imposed on Hong Kong people. The Central Government has also properly considered the worries of Hong Kong people and the difference between Hong Kong and the Mainland. On the premise of maintaining "one country", the differences between the legal system and the judicial system of the Mainland and Hong Kong are respected and taken into account.

According to the design of the "Draft", most of the implementation of national security policies and related laws are handled by Hong Kong people. This is a relatively good result, but it also means that the chief executive and the Hong Kong government will play a more important role in national security. Many parts of the "Draft" directly set out the powers and responsibilities. The most critical National Security Committee should not only bear the "primary responsibility" for maintaining national security, but also "accept the supervision and accountability of the Central People's Government."

(Profile picture/Associated Press)

Government's heavy responsibility must restore confidence

The "Draft" also gives the power to select judges of the first choice. The Chief Executive is responsible for appointing several judges from magistrates, district court judges, judges of the Court of First Instance of the High Court, judges of the Court of Appeal and judges of the Court of Final Appeal to handle cases related to national security law. It is reported that this does not mean that the chief executive will appoint judges in each case, but that the chief judge will continue to delegate cases from the judges selected by the chief executive. If this is the final arrangement, we have reason to believe that the judicial independence of Hong Kong can still be effectively protected. As for the SAR government, especially the chief executive, since the country has given the "shangfang sword", if it is still unable to deal with the situation of national security, then it is really hard to blame; if it fails, it will definitely be accountable.

Frankly speaking, the legislation of Article 23 of the Basic Law has been delayed for so many years, so that the Central Committee bypassed the Hong Kong Legislative Council to formulate the "National Security Law of the Port Area", which itself shows that the Hong Kong Government's lack of action is a wake-up call for the Hong Kong Government. For politicians who have procrastinated or obstructed 23 pieces of legislation for various reasons for a long time, this time the central government has stated that it is performing "full governance" and is a lesson that parliaments that have always refused to fulfill their responsibilities should keep in mind.

Of course, the government should not forget that the implementation of the "National Security Act of the Hong Kong District" is not a hundred, and the constitutional responsibility for the legislation of Article 23 must still be implemented. As mentioned in the article, like the National Security Agency, the National Security Advisor and the law enforcement reserve "exceptions" are all possible concerns of Hong Kong people. The government should make good use of opportunities, fulfill its responsibilities on national security issues, take the initiative to shoulder the responsibility of building a bridge of mutual trust between Hong Kong and the central government, and relieve both sides of their respective worries in order to make "one country, two systems" stable.

(Profile picture)

【The National Security Act of Minato City】 Dismantling two major questions: How to appoint a judge? How do people stationed in Hong Kong abide by the law?

【National Security Law of Minato City】The central government "sets a knife" Mutual trust becomes the key

【Minato-guchi National Security Law】Hong Kong is responsible for law enforcement and interrogation to reflect the differences between the two systems

[Minato National Security Act] The Hong Kong Government will hold the chief executive of the Legislative Council with heavy responsibility for "one country, two systems"

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Hong Kong version of the Basic Law of the National Security Law, Basic Law 23 Article 01 Weekly Editorial

Source: hk1

All news articles on 2020-06-22

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