[Forbidden Mask Method] The High Court has no right to sentence the unconstitutional Hu Hanqing: the central government should send a representative lawyer to argue

Political situation

Written by: Chen Xinyu

2019-11-22 02:06

The High Court ruled on Monday (18th) that the "Prohibition of Masking Regulations" made by the Hong Kong Government under the Emergency Law was unconstitutional. A spokesman for the Legislative Affairs Commission of the Standing Committee of the National People's Congress subsequently stated that only the Standing Committee of the National People's Congress has the power to determine whether Hong Kong law is In line with the Basic Law. Hu Hanqing, a member of the National Committee of the Chinese People's Political Consultative Conference, a senior barrister and director of the Basic Law Research Center (21st), said that the Basic Law is a national law. The Standing Committee of the National People's Congress has the final power to criticize the local courts of Hong Kong for having no power to rule that the law is unconstitutional. He asked when the National People's Congress had authorized the power of the Hong Kong court. He also said that the central government should send lawyers to come to Hong Kong to argue.

The High Court ruled earlier that the "Forbidden Mask Method" was unconstitutional.

Hu Hanqing pointed out that Hong Kong is a part of the country. The Basic Law is therefore a national law. It is doubted how a district court can overturn the provisions of the Basic Law that the National People's Congress has ruled. Only the Standing Committee of the National People's Congress can decide that a certain law should touch the Basic Law. He continued to refer to the national level and then to the system of separation of powers in Hong Kong, emphasizing the highest judicial interpretation power at the National People's Congress.

Hu Hanqing believes that the Hong Kong Government needs to face up to the constitutional ruling of the law and avoid conflicts with the decision of the National People's Congress. It should appeal the case to the Court of Final Appeal as soon as possible to avoid the case becoming a precedent and trigger a constitutional crisis. Hu also said that the central government should send lawyers to come to Hong Kong to argue. Because the Hong Kong government may not understand the decision of the National People's Congress, it is most clear that the central government sends lawyers to explain the principles of jurisprudence.

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