Written by: Zhou Lixi, Peng Zhuowei, Zheng Rongdi and Luo Jiaqing
2020-07-01 13:54Date of last update: 2020-07-01 15:07
The National Security Law of Hong Kong came into effect last night. Chief Executive Lin Zhengyue, Secretary of Justice Zheng Ruohua and Director of the Security Bureau Li Jiachao held a press conference at the government headquarters to explain the laws and enforcement details of the National Security Law. "Hong Kong 01" live broadcast the content of the press conference.
(Photo by Gao Zhongming)
[14:44] A reporter asked how the SAR government’s adoption of the National Security Law in the 23 years of reunification will help the legislation, how it will explain to the public in the future how the legislation and the National Security Committee set up by the chief executive in the future will lead the committee, they There is a role to play.
Lin Zheng pointed out that the legislation is not particularly coordinated for 23 years, but the work is urgent. She emphasized that during the riots in June last year, local politicians demanded foreign intervention, threatened sanctions against the country, and used the phrase "tolerable", so the central government is determined to move. Lin Zheng said that the legislation was the top-level legislation, which was first decided by the National People’s Congress and then passed by the Standing Committee of the National People’s Congress, and was listed in Annex III. The process was rigorous.
Lin Zhengyou, after the legislation, has many benefits for Hong Kong's future. One country, two systems can maintain prosperity and stability, and also make Hong Kong's future stable. On the other hand, Hong Kong has the opportunity to be ruled by chaos. Even if some people still claim to demonstrate, they can now enforce the law firmly if they have the law. She said the government will strive to improve the economy and people's livelihood, which is good news for the people of Hong Kong. Lin Zheng emphasized that in the future, more publicity activities should be carried out, so that if citizens want to protect national security consciously, there must be a lot of promotion. In addition, the Hong Kong Government will fully support the National Security Agency, and she will also report to the Chinese People's Government on the national security situation every year.
[14:41] Asked what behaviors of the National Security Agency staff are not regulated? Has anyone publicly stated that they can't stand for election against the National Security Law? As for whether Rab would break the law in the future, Lin Zhengyue responded that she believed that many people would ask questions about whether they would break the law, but she thought that she could not explain it simply by responding to the description, so she tried to explain it in the original legislative intent.
Lin Zheng said that Hong Kong’s elections have their own electoral laws, and it is quite clear whether each candidate is eligible. The Returning Officer decides whether to stand for election, and also has the procedure for signing a confirmation letter. Therefore, she cannot simply decide whether to stand for election. It is up to the election director.
Zheng Ruohua stated that Articles 50 and 60 of the National Security Law complement each other. The personnel of the National Security Agency must abide by the national laws and the laws of Hong Kong. Article 60 refers to the fact that they are not subject to jurisdiction when performing their duties. It is not necessary to follow the law.
[14:37] Now reporters asked questions, Zhang Xiaoming, deputy director of the Hong Kong and Macao Office, used the 831 Prince Edward Incident as an example to explain the crime of colluding with foreign or foreign forces to endanger national security in the morning press conference. The hatred of the Central People's Government or the Government of the Hong Kong Special Administrative Region may have serious consequences." What is the definition of "hate" referred to in it?
Zheng Ruohua pointed out that Article 29 contains definitions of behaviors such as “stealing, collecting, selling, and illegally providing state secrets related to national security” for foreign institutions, and requesting foreign institutions to intervene in the media. "Hate", but to read the entire article, depending on the overall relevant behavior.
The reporter also asked how the definition of "obstruction" that "seriously interferes, obstructs, or undermines the executive organs' performance of their functions according to law" is stated in the crime of subverting state power. Whether Mr. Rab, the pan-Chinese parliamentarian, touched the law. Zheng Ruohua stated that the purpose of his actions was to "subvert the state power" and commit a crime.
In addition, once it is ruled that it violates the National Security Law, it will lose the qualification to participate in the election. The regulations do not specify the time limit for disqualification, is it equivalent to deprivation of political rights for life? Zheng said that the four major crimes of the National Security Law are extremely serious crimes. Article 35 does not specify a time limit for disqualification. "It should be considered a lifelong (disqualified) situation."
[14:29] The Director of the Security Bureau, Li Jiachao, said that the National Security Agency will be set up under the National Security Law. It is an important law enforcement department. A deputy director will be responsible for the selection of special candidates and then appointed by the chief executive. Li Jiachao said that the National Security Agency is mainly for collecting, analyzing intelligence, investigating cases and training, etc., while the Central National Security Agency in Hong Kong is mainly for making policy recommendations, monitoring, supporting and coordinating the work of the SAR government according to the situation. He said that under the National Security Act, the Special Government bears the main responsibility, and most of them are handled and investigated by the SAR. Only when it is expected that the SAR is powerless or under special circumstances will the case be ensured to be handled by the relevant units.
Li Jiachao also pointed out that the four main situations separate the subject and the subordinate crimes. Among them, the four types of circumstances are the highest sentenced to life imprisonment, and they urge not to try the law by example and do not test the bottom line. He said that there are two types of subject situations. One is terrorist activities, which involves five situations, including wounding, explosion and destruction of traffic, communication networks, etc. As long as the offender must be imprisoned, the sentence is from three years to life imprisonment; Forces also need imprisonment, from three years to life imprisonment. He said that everyone should understand the seriousness of national security.
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[14:18] The Secretary for Justice Zheng Ruohua said that the decision of the National Security Law on May 28 has shown that the legislation is to safeguard national security, safeguard and protect the lawful rights and interests of residents. She mentioned that Article 1 of the General Principles of National Security Law emphasized the relevant factors and principles of legislation, including Hong Kong people ruling Hong Kong and a high degree of autonomy. She said that Articles 2, 3, 4 and 5 of the legislation focused on relevant principles.
Zheng Ruohua pointed out that Article 2 of the law mentions that the provisions of Articles 1 and 12 of the Basic Law of the Special Administrative Region are basic principles, and personal interests and freedoms must not be violated or allowed. Article 3 points out that the Central People’s Government has the fundamental responsibility for safeguarding national security, while the SAR has constitutional responsibility.
As for Articles 4 and 5, it refers to the protection of Hong Kong’s rule of law principles and human rights protections, including the International Covenant on Civil and Political Rights that protects Hong Kong people in accordance with law; The conviction also has the principles of Hong Kong's own innocence assumption and the fact that one crime cannot be tried second.
Zheng Ruohua emphasized that this time the National Security Law is unique and pioneering in the law, because the legislation includes three parts: the Organic Law, the Substantive Law and the Procedural Law, namely Chapter III Substantive Law, Chapter IV Procedural Law, and Chapter V Emphasize the fundamental responsibility of the central government.
Zheng mentioned that Article 14 deals with the functions and powers of the National Security Committee of the Port Area, and Article 18 of Chapter 2 mentioned that the Department of Justice must set up a special department, relevant work has been arranged, and colleagues in the relevant department are ready. As for the substantive law, she mentioned that the law clearly mentions provisions concerning conduct and punishment. She also said that Hong Kong always pays attention to the principle that the crime requires proof of criminal intent, and it also exists in the National Security Law.
As for the procedural law mentioned in Chapter 4, Zheng Ruhua cited Article 40 that, except for special circumstances, the vast majority of cases of the National Security Law are under the jurisdiction of Hong Kong, and the 45 prosecution and judicial procedures are all in accordance with the laws of Hong Kong. Hong Kong’s system has an appeal mechanism, and generally follows Hong Kong’s procedures.
[14:10] Lin Zhengyue said that this time legislation at the national level demonstrates the determination of the central government in three aspects, including the chaos in the past year is the time to stop and restore stability in Hong Kong; the second is to protect the vast majority of Hong Kong law-abiding citizens Without being jeopardized by the actions of a small group of people. Lin Zheng pointed out that the harm is obvious. Since last year, many friends around me did not dare to express their opinions. Organizations are afraid to be "privately" attacked. They dare not cooperate with the government. Therefore, most Hong Kong people have lost their circles in accordance with the law in the past period. With regard to the rights and freedoms they enjoy, this time the Central Committee is determined to make them regain their rights and freedoms. The third is to implement one country, two systems, so that the areas that were not perfect in the past 23 points can be improved.
Lin Zhengyue also said that this legislative work reflects the central government’s high level of trust in Hong Kong. In particular, national security is related to the well-being of 1.4 billion people across the country and involves complex international situations. However, the main executive body of the national security law still belongs to the Hong Kong Special Administrative Region. Except for a few specific cases, cases involving violations of the four major crimes mentioned in the National Security Law are carried out by the relevant agencies of the Hong Kong Special Administrative Region.
She pointed out that the police investigation and other law enforcement departments are responsible for the investigation of the case; the Department of Justice is responsible for the prosecution of the case; the reason for the trial is the responsibility of the independent judicial organ of the Hong Kong Special Administrative Region. It also means that the central government has a high degree of trust in Hong Kong and must implement it well.
Lin Zhengyue said that to implement the law, there must be considerable energy. The national security law stipulates an organizational structure for the implementation of the National Security Council. This committee is a high-level, chaired by the Chief Executive. The members include three directors and the Director of the Security Bureau. And three heads of disciplined forces. She revealed that the National Police Department has been established by the Police Force, but the director's candidate could not be announced today. The Director will also become a member of the National Security Council.
She said that the National Security Law guarantees funds for related work. After the approval of the Chief Executive, the relevant funds and staffing are allocated from the General Revenue Account by the Financial Secretary and are not regulated by existing laws. In addition, the Central Committee will appoint a national security adviser to attend the National Security Council to provide opinions.
[14:03] Chief Executive Lin Zhengyue stated that the National People’s Congress Standing Committee adopted the National Security Law of the Port Area and included it in Annex III in accordance with Article 18 of the Basic Law. The government announced and implemented the decision in accordance with the decision of the National People’s Congress Standing Committee to adopt the National Security Law. She pointed out that the provisions have been published and come into effect immediately. I believe everyone has digested the 66 provisions and emphasized that they will do their best to respond to questions later. Lin Zheng also pointed out that to safeguard national security at the national level, the first is to demonstrate the central government's adherence to one country, two systems, and at the same time there is a need to improve and implement the determination, and the second is to reflect the central government's confidence in the SAR government.
Lin Zheng said that since the country announced that it would enact legislation on national security, there have been many voices criticizing the destruction of "one country, two systems", but she said that is not the case. Legislation is perfecting "one country, two systems" to enable Hong Kong's 23 years of prosperity and stability to continue. Lin Zheng also said that in the Fourth Plenary Session of the 19th National Congress of last year, the establishment of "one country, two systems" is an important part of the national self-care system, but it needs to be improved.
Lin Zheng pointed out that there have been some imperfections in the past 23 years, and the relationship between "one country" and "two systems" has not been dealt with seriously. She referred to the speech of President Xi Jinping who came to Hong Kong three years ago. "One country, two systems" With "one country" as the foundation and "one country" as the root, "two systems" will work well. She also said that the SAR Government did not have a deep understanding of the relationship, failed to legislate on Article 23 of the Basic Law, nor did it promote national culture and history, and deepen the development of the relationship between the Central Government and the SAR. It was anti-government thinking and foreign forces that formed tension, emphasizing that the riot in June last year was a looming phenomenon, and the central government saw that the riot believed that legislation was needed.
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Hong Kong version of the National Security Law. Full text｜A total of 66 chapters with a total of 10,000 words in six chapters
Hong Kong version of National Security Law Zheng Yue'e Department of Justice Zheng Ruohua Security Bureau Chief Executive Office of Li Jiachao