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Hong Kong version of the National Security Law|Chen Hongyi: The central government has set a bottom line for one country, two systems

2020-07-02T12:05:07.013Z


The Hong Kong version of the National Security Law was gazetted last night (June 30) and became effective on the same day. Chen Hongyi, a member of the Basic Law Commission, described today (1st) that the provisions of the National Security Law meant that the central government set the bottom line for one country, two systems, and set out which actions have exceeded the bottom line and unacceptable penalties are required. The article mentions that the decision made by the National Security Committee for Judicial Review is not allowed to be reviewed. Chen Hongyi pointed out that the committee originally had no legislative power and only involved administrative arrangements, and there may not be a decision that may be subject to judicial review. However, it seems that those who drafted the article believe that it is based on the maintenance of national security. It is necessary to limit the jurisdiction of the court.


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Written by: Chen Qianting

2020-07-01 10:03

Last update date: 2020-07-01 10:03

The Hong Kong version of the National Security Law was gazetted last night (June 30) and became effective on the same day. Chen Hongyi, a member of the Basic Law Commission, described today (1st) that the provisions of the National Security Law meant that the central government set the bottom line for one country, two systems, and set out which actions have exceeded the bottom line and unacceptable penalties are required.

The article mentions that the decision made by the National Security Committee for Judicial Review is not allowed to be reviewed. Chen Hongyi pointed out that the committee originally had no legislative power and only involved administrative arrangements, and there may not be a decision that may be subject to judicial review. However, it seems that those who drafted the article believe that it is based on the maintenance of national security. It is necessary to limit the jurisdiction of the court.

When accepting the Hong Kong and Taiwan program "Millennium", Chen Hongyi said that the provisions of the National Security Law meant that the central government set the bottom line of one country, two systems, and set out which actions have exceeded the bottom line and are unacceptable and subject to penalties. He also believes that the unfinished legislation of Article 23 of the Basic Law is missing, and the principle of one country needs to be expressed and guaranteed in legal form.

Some aspects of speech may be restricted Chen Hongyi: the vast majority of citizens are not interested in making relevant speeches

After the legislation came into effect, Chen Hongyi believed that normal normal peace activities would not be affected, only violence, the promotion of Hong Kong independence, and the overthrow of the mainland’s political system, etc.. Some aspects of speech may be limited, but Chen believes that most people will not be interested. Relevant remarks are made, and daily life is not affected.

In the chapter on the crime of subverting state power, it is illegal to "seriously intervene and obstruct" the performance of political power. Chen Hongyi pointed out that it is necessary to use force or illegal means to commit a crime. It is not illegal for a member of Parliament to "rab", and it is not illegal for a committee to choose a chairman according to procedures. . As for the crime of separatism, he pointed out that the provisions set out the need to incite others to commit the acts of Article 20. It is believed that academic discussions may not constitute a crime.

As for the provisions that also regulate overseas citizens, Chen Hongyi said that extraterritorial jurisdiction is the law of many countries, and if non-U.S. citizens act outside the United States involving U.S. national security, they also have jurisdiction.

Chen Hongyi, member of the Basic Law Committee. (Profile picture/Photo by Yu Junliang)

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The Central Government will set up a National Security Agency in Hong Kong in accordance with the National Security Law, but the personnel of the Office "does not perform the duties of the Hong Kong Special Administrative Region according to this law." In the jurisdiction of Guoan, if Guoan’s theft is believed to be a violation of the laws of Hong Kong, and if the person is injured, there may be a gray area.

Article 56 of the National Security Law states that "The power of interpretation of this law belongs to the Standing Committee of the National People's Congress." However, Chen believes that the Hong Kong courts inevitably have to apply the law and interpret the law when trying cases.

The article lists "The decision made by the Hong Kong Special Administrative Region Commission for the Safeguarding of National Security is not subject to judicial review." It is believed that based on the maintenance of national security, the jurisdiction of the court needs to be limited.

Hong Kong version of the National Security Law

Source: hk1

All news articles on 2020-07-02

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