National Security Law｜How long should a conviction be deprived of candidacy Zheng Ruohua: Should be regarded as a lifetime

Political situation

Author: Wen Weiguang

2020-07-01 15:28

The Hong Kong version of the National Security Law has new requirements for eligibility for election. Article 35 mentions that anyone who has been convicted of a crime against national security by the court will lose his eligibility to participate in Hong Kong elections as a candidate; he has sworn or declared to support the Basic Law and allegiance Members of the Legislative Council, government officials, district board members, etc. of the Special Administrative Region immediately lose such positions and are not eligible to stand for election or take up such positions, but the provisions do not mention the time limit for being banned.

The Secretary for Justice, Zheng Ruohua, attended a press conference today (1st) and was asked if the regulations do not specify a time limit for disqualification, is it equivalent to deprivation of political rights for life? Zheng Ruohua said that the four major crimes of the National Security Law are extremely serious crimes. Article 35 does not specify the time limit for disqualification. "It should be considered a lifelong (disqualified) situation." Zheng Ruohua concluded with a question, which was vague.

The National Security Law of the Minato City has new regulations on elections. Article 6 mentions that candidates must sign documents to confirm or take an oath to support the Basic Law when they run for election or take office, and loyal to the Hong Kong Special Administrative Region of the People’s Republic of China.

Chief Executive Lin Zhengyue pointed out that the eligibility for election is determined by the Chief of Election, and the candidate must declare her support for the Basic Law and allegiance when she registers. She cannot comment here on what will lose her eligibility for election.

At present, the Legislative Council Ordinance, the District Councils Ordinance and the Rural Representative Election Ordinance all have provisions restricting anyone who has been sentenced to more than 3 months, regardless of whether he has been suspended or not, he will lose his nomination or Eligibility for election.

Anyone who has been convicted of a crime against national security by the court shall be disqualified as a candidate from participating in the Legislative Council, District Council elections held in the Hong Kong Special Administrative Region, or serving as a member of any public office or Chief Executive Election Committee of the Hong Kong Special Administrative Region; he has sworn or declared support The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, Legislative Council Members, Government Officials and Public Officials, Members of the Executive Council, Judges and Other Judicial Officers, and District Councillors Alleging Allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China shall immediately lose such positions and lose election or Qualifications for the above positions. The loss of qualifications or positions specified in the preceding paragraph shall be announced by the agency responsible for organizing and managing the relevant elections or appointment and removal of public office.

Democrats. (Profile picture)

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In addition, the Hong Kong version of the National Security Law mentioned "collusion of foreign countries or foreign forces endangering national security", collusion of foreign countries in various ways to trigger hatred of the central government or the SAR government is also a crime. Regarding the definition of obituary "hate", Zheng Ruohua stated that the premise is to steal or spy on information related to national security for a foreign country or abroad, request a foreign conspiracy to implement it, or perform a related act under the direction of a foreign country. .

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 only claimed that the purpose of his actions was to "subvert the state power" and that it was a crime.

Hong Kong version of Guoan Falin Zheng Yue'e Zheng Ruohua Li Jiachao