Political situation
Written by: Zhou Haoyi
2021-01-25 12:18
Last update date: 2021-01-25 12:20
The anti-amendment demonstrations, which lasted for more than a year, have cooled down with the implementation of the new crown epidemic and the "Minato National Security Law". Thousands of court cases related to the anti-amendment regulations followed. Some cases have been sentenced, but the sentences have been sentenced. Multiple attacks.
Some organizations advocate the establishment of sentencing committees to help judges accurately measure sentences, while democrats often chant that "the rule of law is dead," and there is no danger.
Paul Harris, who just took up the post of chairman of the Bar Association, said that although the "National Security Act" and the raid on pro-democratic primaries have damaged the rule of law or are suspected of "abuse of power," he believes that Hong Kong’s rule of law still has a chance to be restored. , There is still a distance from "complete death".
Regarding the establishment of a sentencing committee proposed by the establishment, they criticized the DAB members for lack of knowledge and narrow vision of court sentencing without naming them. They also said that it would be extremely foolish to comment on the case without participating in the court review process.
Xia Boyi, the new chairman of the Bar Association.
(Photo by Huang Baoying)
Xia Boyi: Worrying that words and deeds will cause troubles caused the rule of law to die
In an interview with "Hong Kong 01", Xia Boyi questioned that the rule of law in Hong Kong was impaired by the National Security Act, but he still did not die. "There is still a long way to go. There is a big difference between impaired rule of law and death. (it's far from) dead. It's a very big difference between being injured and being dead.)”
He pointed out that Hong Kong’s legal system has resilience, and the most damage to the rule of law in Hong Kong is "fear." When people dare not talk about the National Security Law, they are worried that their words and deeds will cause trouble. It is the official death of the rule of law in Hong Kong. Hope People who like the National Security Law or not will be willing to discuss the law.
Regarding the raid by the National Security Department of the police earlier this month for those who participated in or organized the democratic primary elections, Xia Boyi questioned that this was clearly an "abuse of power" by the government in an attempt to intimidate the democratic camp. He strongly condemned and opposed the practice.
He pointed out that if it is illegal for citizens to conspire to overthrow the government, it is completely legal to participate in a democratic primary election. Some of the candidates even expressed their opposition to "soliciting speculation." It is absurd and unnecessary to send a large number of police forces to arrest all candidates in the early morning. way of doing.
However, he pointed out that some incidents of "abuse of power" do not mean that "the rule of law is dead." He believes that the rule of law in Hong Kong can still be restored.
Questioned that the extended parliament does not belong to the constitutional structure of Hong Kong
The Standing Committee of the National People’s Congress made a "decision" on the qualifications of the Legislative Council in November last year. The four democratic members of the DQ, Xia Boyi questioned, the DQ member’s decision was made without any local legal procedures. It was shocking (shocking). The Legislative Council is the post-deployment Legislative Council. It does not have any legal status in Hong Kong's constitutional system. Therefore, whether the four DQ members have harmed the rule of law is a "grey area", but it will definitely cause damage to society.
He further stated that the Standing Committee of the National People's Congress has the ultimate power to interpret the laws of Hong Kong as a "serious weakness" of the rule of law in Hong Kong. He pointed out that the Standing Committee of the National People's Congress is not composed of members of the legal profession, and some people do not even have a deep understanding of Hong Kong, but they can overturn the final review. The decision made by the court after considering the arguments of all parties, any local court's decision may also be overturned, which is a "threat" to the rule of law in Hong Kong.
Zhou Haoding advocates the establishment of sentencing committee Xia Boyi: know nothing
The establishment has proposed judicial reforms in recent months. The DAB’s Legislative Council Members Zhou Haoding and Ge Peifan have repeatedly requested the establishment of a sentencing committee to provide standards for judges’ sentencing. Xia Boyi criticized the two for ignorance of court sentencing. “I know those two. A member of the Legislative Council got a lot of exposure because of talking about the sentencing committee. I don’t think they have any knowledge about the sentencing of the court. (I know the two legislators who got a lot of publicity talking that, I don't think they know anything about the subject.)"
He believes that unless he has participated in the case, it is extremely foolish to comment on the judgment and sentencing of the case, because there will be no media that can report the entire content of the case, and there are usually facts that are ignored.
Don’t think the court is kind "sometimes the opposite"
Xia Boyi said that he does not think that those who criticize the court have any factual basis. “I don’t think the court is kind, and personal opinion thinks that they are sometimes the opposite of kindness. (I do not think the court is lenient, sometimes I think they are somewhere on the other side. That's my personal opinion.)」
He questioned that those who proposed the establishment of a sentencing committee, especially those with strong pro-Beijing political stances, generally dislike anyone being acquitted, and tend to think that all those arrested should be guilty. "This is intolerable and narrow. , Also incompatible with justice. (This is intolerant. It's narrow-minded. And it's not compatible with justice.)"
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