Political situation
Written by: Lin Jian
2020-06-22 11:17
Last update date: 2020-06-22 11:18The draft of the National Security Law of the Minato District was made public the day before (20th), including the establishment of the "National Security Agency" in Hong Kong, the establishment of the National Security Council in the SAR, and the appointment of judges to hear national security cases by the chief executive. The next meeting of the Standing Committee of the National People's Congress will be held from 28 to 30 this month. It is expected that there will be a great chance of voting.
Tan Yaozong, member of the Standing Committee of the National People's Congress, said today (22nd) that although there is no Hong Kong District National Security Law on the agenda at the end of the month, the chairman has the right to increase the agenda, depending on the chairman's decision. He pointed out that the arrangement for signing the confirmation letter for election was finally officially stipulated by law this time.
Tan Yaozong. (Profile picture)
Tan Yaozong: The election confirmation letter must be signed
Tan Yaozong said that the chairperson has the right to increase the agenda at the meeting at the end of the month, depending on the chairperson’s decision. If the chairperson believes that the provisions are mature and approved at the meeting, it can also be passed by vote. He pointed out that he had read the provisions in Beijing, but the chairman has the right to decide not to make it public for the time being, only to explain the key points in the form of explanation. He generally believed that the provisions largely adopted the opinions of Hong Kong people, that is, considering one country, two systems, common law operations, and differences in legal systems between the two places. He believed that these doubts were solvable. He pointed out that the National Security Agency established in Hong Kong will coordinate and cooperate with the Hong Kong side in the future. The personnel shall be subject to national laws and Hong Kong laws, and law enforcement mainly relies on Hong Kong personnel.
Regarding the issue of chief executives who can appoint judges, Tan Yaozong pointed out that the Basic Law requires local judges to be appointed by the chief executive. Therefore, the arrangement of the chief executives to appoint the judges or magistrates responsible for handling national security law cases in the Hong Kong District is reasonable. I believe it will not affect the judicial independence of Hong Kong. He also believes that most of the cases will be tried in Hong Kong in the future. Only when the situation is related to the international level or the order of Hong Kong has disappeared, will the relevant persons be arranged to be tried in the Mainland, but I believe that there are few cases; The National Security Adviser within the National Security Council believes that it is a bridge of communication, and he does not agree that it is the "Sovereign Emperor".
The draft note also mentions that when you run for election or assume public office, you should sign a document in accordance with the law to confirm or swear to support the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and be loyal to the Hong Kong Special Administrative Region of the People’s Republic of China. Tan Yaozong pointed out that in the past, candidates from the Legislative Council and District Councils could choose whether to sign a confirmation letter to support the Basic Law. The approach was inconsistent. At present, the establishment of the National Security Law of the Hong Kong District requires the signing of a confirmation letter. He believes that public officials, as persons within the establishment, need to show their support for the Basic Law and their loyalty to the Hong Kong Special Administrative Region of the People’s Republic of China.
Tu Jinshen. (Profile picture)
Tu Jinshen: Guoan has no guarantee over human rights
Tu Jinshen, a member of the Democratic Legislative Council, mentioned that the National Security Law believes that a more authoritarian legal system in the Mainland will be introduced into Hong Kong, and it is worried that there will be secret law enforcement and secret interrogation in the future. He estimates that although the national security advisers in the National Security Council only provide advice in name, it is quite doubtful whether the ability of Hong Kong officials can provide different opinions from the advisers and protect the rights of Hong Kong citizens.
Tu Jinshen mentioned that the draft stipulates that if the local laws of the Hong Kong Special Administrative Region are inconsistent with the National Security Law, the provisions of the National Security Law will apply; the interpretation of the National Security Law belongs to the Standing Committee of the National People’s Congress. This means that the National Security Law will override international human rights conventions in the future, but in democratic and free countries, human rights protection should be higher than the National Security Law, otherwise human rights will not be guaranteed in practice. Tu Jinshen pointed out that this "overriding" issue is the core difference between the national security laws of the port area and foreign countries.
He also pointed out that the chairman of the Legislative Council, Liang Junyan, was invited to meet with Xia Baolong, the director of the Hong Kong and Macau Affairs Office in Shenzhen yesterday, but Liang Junyan did not approve the debate on the National Security Law in the Legislative Council. There was no discussion process, and he questioned Liang’s status as a representative of the legislature. opinion.
Tang Jiahua pointed out that the criminal law of the Mainland has been improved in recent years, and the protection of human rights has been added. (Profile picture)
Tang Jiahua: Mainland criminal law has improved in recent years
Tang Jiahua, a member of the Executive Council, pointed out that some people described the National Security Law as a "sword" extending into the judicial administration of Hong Kong. He believed that this statement was too exaggerated. It is undeniable that the law has a certain impact on Hong Kong's criminal offense and judicial system, but it has not reached the "one country, two systems" "Dead" and "Human rights are not there". I hope that all sectors of the society will hold a fair discussion and pay attention to the facts. He pointed out that if he can, he certainly hopes that the impact of the law on the Hong Kong system will be minimized.
He also mentioned that the appointment of ad litem judges by the Chief Executive is not new. At present, there are some specific cases. For example, under the "Eavesdropping Ordinance", the judges who process eavesdropping applications are appointed by the Chief Executive. (According to: Under this Ordinance, the Chief Executive must appoint 3 to 6 qualified judges as recommended by the Chief Justice of the Court of Final Appeal.) He also believes that in practice the chief executive cannot completely ignore the opinions of the judiciary, and the chief executive may not always be People in the legal profession may not be familiar with the expertise of all judges.
As for Tu Jinshen's mention that the National Security Law is "overriding" compared with human rights, he is worried about protecting the benefits. Tang Jiahua stated that the rights and freedoms of Hong Kong people are protected by the Basic Law. The Basic Law is a constitutional document, and no national security regulations can override the Basic Law. He also believes that there have been many improvements in the Mainland’s criminal law in recent years, and the protection of human rights in international human rights conventions has been included in the criminal law. Of course, there may still be differences in implementation, for example, there is no jury in the Mainland. Tang Jiahua personally advocated that a jury should be established in Hong Kong's national security law cases.
Regarding the practice of signing documents to confirm or swear when taking public office, Tang Jiahua pointed out that this is not a demanding requirement or a criminal issue. If you want to participate in public office, you should not have a political claim that violates the Basic Law; In terms of aspects, he believes that this is a legal requirement and has been confirmed by the court that the candidates not only passively abide by the Basic Law, but also actively support it.
Hong Kong version of the National Security Law｜Xia Baolong Shenzhen meets with Liang Junyan to listen to opinions on the National Security Law
Hong Kong version of National Security Law｜Tang Jiahua: The draft has balanced national security and freedom
Hong Kong version of the National Security Law｜Tan Huizhu pointed out that human rights are still protected.
Hong Kong version of the National Security Act Tan Yaozong Tang Jiahua Tu Jinshen
