Written by: Chen Qianting, Peng Zhuowei
2020-05-25 10:17Last update date: 2020-05-25 10:17
In order to promote the "Hong Kong version of the National Security Law", the Central Government needs to consult the SAR Government and the Basic Law Committee in accordance with the Basic Law. Chen Hongyi, a professor at the Law School of the University of Hong Kong and a member of the Basic Law Committee, said today (25th) that the Central Government may consult after enacting legislation and before listing it in Annex III of the Basic Law. At present, there are no actual provisions in the National Security Law, but Chen believes that one of the most pessimistic cases is that the trial of cases related to the National Security Law is not the responsibility of the Hong Kong courts. However, he quoted Chief Executive Lin Zheng Yue'e recently stressed at a press conference that the formulation of the National Security Law will not Affecting the judicial independence of Hong Kong, he expects that this statement means that the jurisdiction is still in the courts of Hong Kong.
Chen Hongyi agrees that one country, two systems have been shaken and is facing a crisis, but this crisis has begun many years ago. Looking back at the past, if the relatively loose national security law was passed in 2003, the central government would have no justification for enacting the national security law at this time; and if Lin Zheng had fully withdrawn the amendments to the fugitive offenders after the first million-person march last year, I believe it may not necessarily go to This step.
▼ 5.24 Anti-Hong Kong version of the National Security Law Parade before 5:30 pm ▼
According to Article 18 of the Basic Law, if the Central Government wants to add or delete the laws of Annex III, it is necessary to consult the Hong Kong Government and the Basic Law Committee. However, Chen Hongyi mentioned in the commercial program "Departure on a Sunny Day" that the previous garrison law, The National Anthem Law, etc., is enacted by the Central People's Republic of China before enacting laws. That is, the latest consultation time is after the legislation is enacted and before it is included in Annex III. It does not exclude that consultation is only a "walking procedure".
There are concerns that the law enforcement, prosecution and adjudication powers of national security law-related cases may not necessarily be the responsibility of the current Hong Kong authorities, but by the establishment of another agency by the central government. Chen Hongyi agrees that one of the most pessimistic cases is that national security law cases are not tried by Hong Kong courts. He believes that the people of Hong Kong will find it difficult to accept, and personally feel that the existing authorities should enforce the law. Some refer to Hong Kong or refer to Macau, and only Chinese judges are allowed to hear relevant cases, but Chen Hongyi believes that most people in the legal profession believe that regardless of whether Chinese judges are responsible, they will only exercise judicial power in accordance with the law. Big difference.
He also quoted Chief Executive Lin Zhengyue at a press conference last Friday (22nd) that the enactment of the National Security Law will not affect Hong Kong's judicial independence, the court's judicial power and final adjudication power, and Chen expects this statement to mean that the judicial power remains unchanged.
Chen Hongyi is worried that the jurisdiction of national security law cases does not belong to the Hong Kong courts. (Profile picture)
Chen Hongyi: One country, two systems have been shaken
Chen Hongyi admits that one country, two systems have been shaken and is facing a crisis, but this crisis is not emerging now. He described many past incidents as a vicious circle. If the relatively loose national security law was passed in 2003, the central government would have no reason to legislate on the national security law at this time; if there was no Chen Tongjia murder in Taiwan, Lin Zheng would not propose to amend the fugitive regulations If Lin Zheng fully withdrew the amendments after the first million-person march last year, I believe that this will not necessarily be the case.
The expression of dissatisfaction with the government will not constitute a subversion
Regarding the legislative provisions that mainly aimed at four types of actions, including subversion of state power, Chen Hongyi believes that state power must include regional governments. No one currently knows the content of the provisions, but believes that "not to express dissatisfaction with the government constitutes subversion". It is only limited to the case of overthrowing the government, and it is hoped that the draft provisions will have a clear explanation.
As for activities aimed at foreign and foreign forces interfering in the affairs of the Special Administrative Region, Chen Hongyi is estimated to be against the anti-revision laws of last year. Because the central government has defined this movement as a color revolution, it is believed that after legislation, foreign donations and economic activities will be targeted.
In terms of law enforcement, the "Minato City National Security Law" states that the central government's relevant national security authorities should establish offices in the Hong Kong Special Administrative Region as needed. Chen Hongyi believes that future law enforcement departments will work, or that they will be related to the political department of the British Hong Kong government. Similarly, they will not be subordinate to the police force, but the department must abide by Hong Kong laws in the same way as the Hong Kong-based agencies such as the Central Liaison Office.
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