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Written by: Zhang Jiamin
2020-05-22 17:47
Date of last update: 2020-05-22 17:47The third session of the 13th National People's Congress opened this morning (22nd). The agenda includes the review of the draft "Hong Kong version of the National Security Law", which mainly targets four types of behavior: subversion of state power, secession of the country, terrorist activities, and interference by external forces.
The "Private Press Conference" was held today (22nd), criticizing that the implementation of the National Security Law is equivalent to breaking Hong Kong's commitment to a high degree of autonomy. It is worried that Hong Kong will lose its international status and lose its competitive advantage. They called on Hong Kong people to continue to strive for the international community ’s attention to the human rights and freedom situation in Hong Kong.
At the meeting, people in the legal profession pointed out that the Central Government ’s approach violates the Basic Law, and the courts in Hong Kong have reasons to not implement the relevant laws, hoping that judges will not "kneel down" and defend the local autonomy system.
Refers to only three types of legislation that can be included in Annex 3
At the press conference, Edward, a member of the "Legal Dream" who was a legal person, questioned the central approach's violation of the Basic Law, because Article 18 states that mainland laws should not be implemented in Hong Kong. The provision is like a "firewall" separating the two legal systems . Although it is stated in the relevant provisions that the Central Government can put Mainland legislation in Annex 3 and implement it in Hong Kong, it is limited to national defense, diplomacy, etc. and does not fall within the scope of Hong Kong ’s autonomy. He said that according to the principles of international human rights law, national security should not be used to deal with sporadic violent local conflicts; subversion of state power and division of the country, etc., may not be consistent with the protection of the territorial integrity of the country from threats of violence, and terrorist activities should mean more Public security issues.
He said that there was no similar situation in Hong Kong in the past, but if the national behavior does not comply with the Basic Law or the national laws do not comply with the provisions of the Basic Law, it is not Hong Kong law, so the court has the right not to enforce the relevant laws. However, he reminded that the courts in Hong Kong do not have the right to review the central government ’s decision, but they can achieve the same effect under the common law logic. They can maintain self-government for the people of Hong Kong within the legal system.
Edward also claimed that in principle "as long as there is no agitation and violence", a free and democratic society should allow peace to promote independence. For example, Scotland, Canada, etc. have similar statements.
A spokesman for the private press conference also said that Hong Kong has been narrowing its discussions on independence, and any discussion may be buckled. The spokesman also pointed out that after the news of the "National Security Law" came out yesterday, both the Hong Kong dollar exchange rate and the HSI futures fell, worrying that the destabilization of the Hong Kong law would cause foreign investors to withdraw their capital and the collapse of Hong Kong's competitive advantage. They also used Macau as an example, referring to the fact that Macao had enacted 23 articles in 2009. Even if no provisions were introduced to allow the police to trespass on civilian houses and search on the grounds of national security, it has caused a chilling effect.
They urged Hong Kong people to persuade the United States to re-examine the status of Hong Kong's independent customs zone under "One Country, One System" and actively consider canceling the "Hong Kong Relations Act", and asked the United Kingdom to examine whether the "Sino-British Joint Declaration" has been destroyed and strive to establish BNO holdings. People ’s second citizenship and residency rights, and call on the international community to pay attention to the human rights and freedoms in Hong Kong.
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Hong Kong version of the National Security Law