Political situation
Written by: Lin Jian
2020-06-23 09:31
Last update date: 2020-06-23 10:22Chief Executive Lin Zhengyue met reporters today (23rd) before attending the executive meeting. The draft of the Minato City National Security Law was published last Saturday (20th), which mentioned that the Chief Executive may appoint a number of judges to hear the case, which has aroused public concern and is expected to continue to be the focus. "Hong Kong 01" will broadcast the press conference.
[09:54] Regarding the appointment of a chief executive by a judge, Lin Zheng pointed out that judicial independence is an important part of the rule of law. She respects the judiciary very much and will cooperate and support it fully without affecting the judiciary. Articles 80 to 96 of the Basic Law refer to the judiciary. She cannot see the contents of the draft. Which article would violate the Basic Law. For example, she pointed out that some people mentioned the restrictions on the nationality of judges earlier, but this announcement did not touch them. She is convinced that this is the central government’s high respect and full trust in the judicial system of Hong Kong.
Lin Zheng pointed out that the so-called "designation of several judges" does not appoint a judge to try a designated case, but a list. There are multiple judges at all levels of the court to choose from. As for how to assign a case, the judiciary is responsible. Moreover, currently Article 48 of the Basic Law has stated that judges at all levels are appointed by the Chief Executive, and the current Chief Executive will also appoint judges on the nomination of the Judicial Officers Recommendation Committee. She pointed out that the judges who tried the National Security Law were also judges from these procedures, "not just looking for individuals on the street", but judges serving in courts at all levels, and will not affect this procedure in the future, and society cannot obliterate the final power of appointment It's all in the Chief Executive.
Lin Zheng also pointed out that he was very pleased that the Legislative Council passed the appointment of Judge Zhang Juneng as the Chief Judge of the Court of Final Appeal next year. He is currently in the process of submitting it to the Standing Committee of the National People's Congress for the record and will officially enter the appointment process later. But she pointed out that, unfortunately, there were a lot of objections and abstentions in the debate vote, criticizing this as unnecessarily politicizing the appointment of judges and disrespecting the judiciary.
Lin Zheng also pointed out that the selection of judges is based on the judicial and professional abilities of the judges themselves, and will not change these status quo. She also pointed out that it is not uncommon in Hong Kong and other regions to designate judges to do certain types of cases. For example, the Secretary of Justice yesterday pointed out that commercial arbitration cases have a predetermined list of judges; special courts are set up for certain types of cases, and the judges of the cases are also appointed by the chief executive. Therefore, some people say that this practice is "unheard of," but that it is actually "insolent." She pointed out that she had just appointed Judge Xia Zhengmin again yesterday as chairman of the Market Misconduct Tribunal.
[09:46] Chief Executive Lin Zhengyue said that last week the National People’s Congress Standing Committee conducted a preliminary review of the "National Security Act of the Port Area", and "Xinhua News Agency" also published a summary of the "Draft", which will help to remove a lot of outsiders in the past month. Doubts and concerns.
Regarding the outside world questioning whether this legislative work complies with "One Country, Two Systems" and the Basic Law, Lin Zhengyue emphasized that safeguarding national sovereignty and territorial integrity is a common obligation of all Chinese, including Hong Kong citizens. From this perspective, it has not violated "One Country, Two Systems" The principle and the content of the Basic Law also emphasize that if "one country" is damaged, the "two systems" will also lose a solid foundation, questioning if someone thinks that legislation undermines "one country, two systems", it may never put "one country" in the eye .
Lin Zhengyue also pointed out that the conclusion of the "National Security Law of the Port Area" is in conformity with the Constitution and also guarantees the freedom of Hong Kong residents in accordance with the law. The draft also contains the concept of common law, including the assumption of innocence, the defendant’s right to defend, and the double trial for one crime. She pointed out that although there is no clear statement as to whether the draft has a retrospective period, there are also legal concepts that have not been investigated in the Mainland. She emphasized that the legal basis is clear and there is absolutely no ambiguity.
Regarding citizens’ concerns about whether they will legally enjoy their freedom and whether their rights are guaranteed, Lin Zheng reiterated that the “Minato City National Security Law” mainly attacks those involved in four categories of serious national security.
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