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Written by: Ling Yichen
2020-05-22 12:27
Last update date: 2020-05-22 12:27The third meeting of the 13th National People's Congress, which opens on Friday (May 22), will consider the "Decision of the National People's Congress on Establishing and Strengthening the Legal System and Enforcement Mechanism of the Hong Kong Special Administrative Region to Maintain National Security (Draft)". The fulfillment of relevant constitutional responsibilities is finalized. The question that follows is how to enforce the law and the trial?
As the situation in the local and international communities has become increasingly turbulent in recent years, maintaining national security has become an important task for the central authorities to deal with Hong Kong issues. In Hong Kong, there have been voices calling for the perfection of the national security mechanism, but most of them have focused on the discussion of restarting the legislative work of Article 23 of the Basic Law. However, since the anti-revision laws broke out last year, Hong Kong society has fallen into serious political tears. Before the central government announced the "Hong Kong version of the National Security Law" plan, it has similarly advocated the internal establishment of local factions.
The Third Session of the Thirteenth National People's Congress will consider the "Decision of the National People's Congress on Establishing and Strengthening the Legal System and Enforcement Mechanism of the Hong Kong Special Administrative Region to Maintain National Security (Draft)." (China News Agency)
Among them, the "new approach" conceived by Wu Qiubei, the representative of the National People's Congress and the chairman of the Federation of Trade Unions in the Hong Kong District-first, the central government specially formulated a national law applicable to Hong Kong, and then directly incorporated it into "Annex 3" and announced it in Hong Kong. To replace the local “self-legislation” provided for in Article 23 of the Basic Law, other members of the establishment system such as Tan Yaozong, member of the Standing Committee of the National People ’s Congress and deputy to the National People ’s Congress of the Hong Kong District, Liu Zhaojia, vice chairman of the National Hong Kong and Macao Research Association, and Huang Guoen, the Professional Affairs Committee of the DAB The plan agrees.
The above-mentioned "new approach" allows Beijing to design a national law dedicated to Article 23 of the Basic Law according to the Hong Kong system. On the surface, it can indeed solve the problem that the relevant laws cannot be successfully implemented and tried in Hong Kong, but it also brings new The most obvious problem is undoubtedly the handing over of the responsibilities that should belong to the SAR government to the central government. When Hong Kong will leave the hot potato under Article 23 of the Basic Law, it will be ignored and thrown back to Beijing for treatment, which is objectively equivalent to recognizing the SAR government ’s inability to complete this constitutional responsibility, especially in comparison with Macao, which has completed relevant work ten years ago. ratio.
Even if Hong Kong wants to complete the national security legislation with the hands of the central government due to local political atmosphere and other factors, it does not mean that the matter is over. (Profile picture)
Even if Hong Kong wants to complete the national security legislation with the hands of the central government due to local political atmosphere and other factors, it does not mean that the matter is over. After the legislation, constructing a corresponding supporting organization to deal with law enforcement, trial and other practical affairs is the key issue that cannot be avoided, and it is related to how "one country, two systems" is reflected and perfected from it. In this regard, Chen Manqi, another representative of the People ’s Congress of the Hong Kong District, is worthy of reference. In her proposal to the National People ’s Congress this year, in addition to referring to the SAR Garrison Law and recommending that the central government formulate a national security law for Hong Kong in particular, it further proposes that the SAR shall be responsible for implementation after the completion of legislation , And the establishment of the Hong Kong Special Administrative Region Maintenance National Security Committee with reference to the Executive Council model.
Macau's first experience can be used for reference
For a specific answer on how to enforce the law, you can look at how Macau, which is in the same special administrative region as Hong Kong, does. Article 23 of the "Basic Law of the Macao Special Administrative Region of the People's Republic of China" only replaces the word "Hong Kong" in the corresponding provisions of Hong Kong's "Basic Law" with "Macao." The Portuguese version of the text also has a meaning roughly equivalent to the English version of the Hong Kong Basic Law. Ironically, it was this neighbor who returned to China two years later than us and proposed the draft national security legislation five years later, but passed the Constitutional Responsibility of the National Security Law as early as 2009; The local laws of Macao ’s “self-legislation” have been in place for eleven years. In recent years, regulations have been continuously revised and supplemented to plug loopholes not addressed by the “National Security Maintenance Law”, which includes the issues of law enforcement agencies and even judicial organs.
In September 2018, the Macao Government announced the administrative regulations of the "Macao Special Administrative Region Committee for the Maintenance of National Security", which is mainly responsible for coordinating and coordinating all the work of Macau to safeguard national sovereignty, security and development interests. In February 2019, the Macao Legislative Council passed an amendment to the "Judicial Organization Outline Law", which stipulates that only judges belonging to Chinese citizens and judicial officers of the Procuratorate can be assigned to deal with crimes under the "National Security Maintenance Law." In January 2020, the Macao Legislative Council passed the amendment of the "Judicial Police Bureau" law and the establishment of the "Judicial Police Bureau Special Duty System", which clearly gave the Judicial Police Bureau the exclusive authority to investigate crimes against national security, as well as the exemption from government bulletins. Responsibilities of police officers who perform confidential duties; at the same time, the interpretation document issued by the Macao Chief Executive ’s Office also stated that in the future, the "Organization and Operation of the Judicial Police Bureau" regulations will be revised to establish the Security Agency, the National Security Intelligence Office, National Security Crime Investigation Division, National Security Policy Research Division, National Security Affairs Comprehensive Division and other departments responsible for maintaining national security.
In September 2018, the Macao Government announced the administrative regulations of the "Macao Special Administrative Region Committee for the Maintenance of National Security", which is mainly responsible for coordinating and coordinating all the work of Macau to safeguard national sovereignty, security and development interests. (Profile picture)
From the establishment of a special administrative co-ordination agency to the limitation of the selection of trial judges and the expansion of the law enforcement force, these can be seen from the efforts of Macao to maintain national security and improve the legislation of Article 23 of the Macao Basic Law, but the above follow-up packages are actually derived from that year The drafting of the "National Security Protection Law" initially focused too much on the five crimes of "treason", "secession of the country", "subversion of the Central People's Government", "incitement to rebellion", "stealing of state secrets" and foreign or Macau political organizations The punishment of such acts by organizations did not take sufficient consideration of specific law enforcement, trial and other issues, and this defect was caused by the Hong Kong National Security (Legislative Provisions) Bill 2003 and the recent discussion of Article 23 of the Basic Law Can also be seen in the process of legislation. If the SAR Government and the establishment factions intend to "recover behind" in this regard, then they must definitely look at this precedent in Macau and start thinking about law enforcement and trial issues beyond national security legislation.
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