Political situation
Written by: Zheng Baosheng
2019-11-19 21:51
Last updated date: 2019-11-19 21:51The Court of First Instance of the High Court ruled yesterday (18th) that the section of the Prohibition of Masks Ordinance made under the Emergency Regulations Ordinance was in breach of the Basic Law.
A spokesman for the Legislative Affairs Commission of the Standing Committee of the National People's Congress today (19th) commented that the judgment is not in conformity with the Basic Law and that only the Standing Committee of the National People's Congress has the power to determine whether Hong Kong law complies with the Basic Law.
The spokesman of the Legal Work Committee also advocated that the Emergency Regulations Ordinance came into effect before the reunification and was adopted by the Standing Committee of the National People's Congress as the SAR law in accordance with Article 160 of the Basic Law, and therefore complies with the Basic Law.
The Hong Kong Bar Association issued a statement saying that the Law Commission’s statement was legally wrong.
The High Court ruled that the Prohibition of Masking Ordinance made under the Emergency Regulations Ordinance was in violation of the Basic Law. (data picture)
If the case involves the constitutionality of the law, it does not rule against the breach of the judicial oath
According to the statement of the Bar Association, the Hong Kong courts have previously declared that certain unconstitutional laws are invalid, and the court’s past use of this power has not been questioned. According to the case of the Court of Appeal, the Hong Kong courts must decide on the provisions of the Basic Law and the Hong Kong Bill of Rights. The court is also obliged to declare the unconstitutional legal provisions invalid. On the contrary, if the case involves the constitutionality of the law and the court does not make a ruling, the court will not be able to defend the Basic Law and violate the conditions for the judge to support the Basic Law.
The Bar Association said that Article 160 of the Basic Law does not stipulate that Hong Kong law should be adopted as a SAR law by the Standing Committee of the National People's Congress after the reunification, and its constitutionality cannot be challenged. Article 160 of the Basic Law stipulates that if any legal provisions are in conflict with the Basic Law, they may be amended or cease to come into force in accordance with the procedures stipulated in the Basic Law.
Article 85 of the Basic Law states that the courts of the Hong Kong Special Administrative Region shall conduct trials independently without any interference, and the conduct of judicial personnel to perform judicial duties shall not be investigated by law. (data picture)
Hong Kong's judicial independence and the court of final adjudication are not subject to any interference
The statement continues, according to Article 19 of the Basic Law, the Hong Kong Special Administrative Region has independent judicial power and final adjudication power. Article 85 of the Basic Law also states that the courts of the Hong Kong Special Administrative Region shall conduct trials independently without any interference, and the conduct of judicial personnel to perform judicial duties shall not be investigated by law. "Any statement that the Hong Kong courts cannot rule whether the provisions of the law violate the Basic Law is to restrict the independent judicial power enjoyed by Hong Kong courts. It also violates the Basic Law and undermines the high degree of autonomy given to the Hong Kong Special Administrative Region by the Basic Law."
Comment on the judicial process or give impression to the judiciary
The society has always had different voices and discussed the court's judgment. The Bar Association said that the public can certainly comment and criticize any court judgment, but any proposal that the NPC Standing Committee interpret or comment on the Basic Law before the judicial process is completed is undoubtedly The public will be given the impression that the Hong Kong judiciary and the system are under pressure to help defend the rule of law.
Fugitive Offenders Bar Association