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Written by: Chen Jiayi
2020-07-03 10:54
Last update date: 2020-07-03 10:57The chief judge of the Court of Final Appeal, Ma Daoli, issued a statement, stating that the designated judges and related courts that handle cases and appeals of the Minato City National Security Act must comply with the provisions of the Basic Law. All designated judges will come from current judges of the judiciary.
In an interview with the radio, Guo Rongkeng, a member of the Legislative Council of the legal profession, said that Ma Daoli’s statement reiterated judicial independence and basic legal principles. If the chief executive and the committee insist on their own views and disregard the opinions of the judiciary, they will break judicial independence. He asked: "If the National Security Law is to be broken, the statement is to reaffirm the basic principles. Is it going to showdown and break now?"
In an interview with the radio station, Guo Rongkeng, a member of the Legislative Council of the legal profession, said that Ma Daoli’s statement reiterated judicial independence and basic legal principles. When the court handles the case, including the appointment of judges and the way of hearing the case, the court decides on the basis of law.
According to Article 44 of the National Security Law of the Minato District, the Chief Executive may consult the Chief Judge of the National Security Council and the Court of Final Appeal before appointing a judge to deal with crimes against national security.
Guo Rongkeng agreed with Ma Daoli that the chief executive should not appoint appointed judges based on political considerations. Although the judges of the Court of Final Appeal can be consulted, the practice should be decided by the judges of the Court of Final Appeal, and it is a consistent practice not to influence the appointed judges by certain political ideas. Different judges have expertise in hearing civil or criminal cases, and it is the internal decision of the judiciary that the court leadership distinguishes the cases they try.
Guo Rongkeng pointed out that the relevant wording of the "National Security Act of the Minato City" is "negotiable." He also asked, if the chief judge of the Court of Final Appeal disagreed, who would make the decision, then legal issues might arise. Once the opinions solicited were not approved by the chief executive or committee members, he questioned how to resolve them in the end. If the chief executive and the committee insist on their own views and disregard the opinions of the judiciary, they will break judicial independence. He emphasized that Hong Kong is a separation of powers and that the judicial organ's independent trial of cases is the basic principle.
He believes that the statement once again shows the judicial independence of the judiciary under one country, two systems. He asked: "If the national security law is to be broken (judicial independence), the statement is to reaffirm the basic principles, is it now a showdown, to break?"
Guo Rongkeng said that Ma Daoli's statement reiterated judicial independence and basic legal principles. (Information picture/photo by Luo Junhao)
Yesterday (July 2), the government statement that "recovering the revolution of the Hong Kong era" means Hong Kong independence, or separating the Hong Kong Special Administrative Region from the People's Republic of China, changing the legal status of the Special Administrative Region, or subverting the state power is the What the law prohibits, Guo Rongkeng thinks it is a suppression of freedom of speech. He thinks it is ridiculous, "What is not a word prison?" The government said earlier that it would not be guilty of words, and only targeted a very small number of people, but it is now punishable by life imprisonment. Question: "What is not to restrict the freedom of Hong Kong people?"
Guo Rongkeng said that it is now possible to disqualify the members of the parliament under the Minato District National Security Act. He expressed no suspense for the RO or to examine the qualifications of the elected parliamentarians. He expressed concern that the later "Hong Kong people cheering" has a split meaning. He questioned the difference in sentences in the future. The meaning of being interpreted is in violation of the National Security Law of Minato City.
A few days ago, someone was arrested for suspecting the "National Security Act of Minato City". Guo Rongkeng pointed out that the provisions were unclear and that the slogan was not allowed. It was described as ridiculous, restricting the freedom of speech of the public, but helplessly sighed "I can't think of Hong Kong's deterioration so quickly." .
Ma Daoli issued a statement to Zhang Daming: The unusual practice is believed to save public confidence in the judiciary
Ma Daoli issued a statement to Ge Jiefan: Reflecting the bias of judicial power and other complaints
Guo Rongkeng agrees with Ma Daoli’s statement that Liang Meifen: Judges who support the amendments should not try related cases
Judge Guo Weijian sympathizes with the defendant Ma Daoli and gives a partial bias to Guo to suspend trial related cases
The National Security Act by Guo Dao
