[Hong Kong version of the National Security Law] Law enforcement handed over to the Hong Kong police

01 point of view

Written by: Review Editor

2020-05-29 17:45

After the Central Government announced that it would formulate the National Security Law of Hong Kong, some members of the public expressed concern that "after mentioning Hong Kong's independence on the Internet, there may be national security personnel shooting the door." Whether this statement is a real doubt or just a joke, it is an unquestionable fact that Hong Kong society does not trust law enforcement officers from the Mainland. In addition, the National Security Law is directly related to citizens ’freedom of expression and individual rights. After the NPC Standing Committee stipulates the laws, the law enforcement by the Hong Kong police and the Hong Kong courts will certainly be able to take care of the differences between the“ two systems ”and help the laws to be implemented smoothly.

On Thursday (May 28th), the National People's Congress passed a decision on Hong Kong's safeguarding of national security mechanisms. In addition to the exception of the NPC Standing Committee's enactment of laws, how to enforce and review is also the focus. The fourth item of the full text of the decision stated that "the relevant organs of the Central People's Government for safeguarding national security set up institutions in the Hong Kong Special Administrative Region as necessary to perform the duties of safeguarding national security according to law."

Take into account the "two systems" difference

National security laws are sensitive laws, such as the boundaries of freedom of expression and the protection of individual rights. Law enforcement officers from the Mainland and Hong Kong will inevitably have different interpretations. The law enforcement by the Hong Kong police and the trial by the Hong Kong courts can theoretically be more in line with the thinking and habits of the Hong Kong society, and can also reduce unnecessary law enforcement or prosecution due to different interpretations.

In terms of jurisprudence, the decision of the National People's Congress also stipulates that the Hong Kong Special Administrative Region must also "establish and improve institutions and enforcement mechanisms for safeguarding national security and strengthen law enforcement for safeguarding national security." In addition, the Macao SAR, which has self-legislated national security, is also enforced by local police officers. This shows that Hong Kong has reasons and conditions to enforce the law on its own, and Hong Kong courts hear cases to preserve the "two systems" difference.

In fact, there is no lack of support for this position. For example, Su Shaocong, a former president of the Law Society and a member of the CPPCC National Committee of the Hong Kong District, said in an interview with "Hong Kong 01" that Hong Kong can refer to the Macau model, and law enforcement, prosecution, and trial work are handed over to Hong Kong agencies for processing. Upper level work. Even if investigation and law enforcement involve cross-border areas, the Hong Kong police can coordinate national security law cases with the mainland authorities through the coordination of the central security agency in Hong Kong, without changing the basic nature of local law enforcement.

In the front pages of many newspapers, the Chief Executive, Lin Zheng Yuee, published an open letter to all citizens in the newspapers, stating that the Hong Kong version of the National Security Law is constitutional, lawful and reasonable. (Photo by Shao Peilin)

Hong Kong is qualified and capable

The outside world may question whether the Hong Kong police are capable of handling national security law cases. However, as we all know, the Hong Kong Police Force also had a political department before the reunification. After the reunification, the first director Xu Qi'an had served in the political department for 12 years. Although the Political Department was disbanded in 1995, in response to the actual needs of Hong Kong, the Police Force should now set up a department dedicated to the maintenance of national security, or even multiple departments. After professional training, members are responsible for national security measures, counter-espionage, and intelligence collection in accordance with the law. The National Security Agency established by the Central Government in Hong Kong can also provide assistance to them.

In the trial, because the case involves national security, there are voices in the outside world that the judges responsible for the trial are limited to Chinese nationals. Reuters also quoted informed sources that the "Minato City National Security Law" would prohibit foreign judges from trying cases involving national security. The principle of this arrangement is understandable. Since the case involves national security, that is, the defendant is suspected of endangering national security, it is unreasonable if the crime or even the punishment arrangement is left to the foreigner. If the case requires jury trial, non-Chinese citizens or persons with dual nationality should be prohibited from participating, and confidentiality and security requirements can be set.

Of course, the practice of restricting only Chinese judges is by no means the only arrangement. As pointed out by Liang Aishi, the former deputy director of the Basic Law Committee, Article 104 of the Basic Law stipulates that judges must "loyalty to the Hong Kong Special Administrative Region of the People's Republic of China." And as the Standing Committee of the National People's Congress pointed out in its 2016 interpretation, loyalty to the Hong Kong Special Administrative Region is a legal commitment to China and the Hong Kong Special Administrative Region. From this, it can be inferred that the oath requirement itself stipulates that judges should perform their duties with loyalty The same is true when trying Guoan cases. Whether to set limits based on nationality, or even as proposed by Liang Aishi, the court system assigns appropriate judges to deal with is a matter of specific arrangements. The most important thing is the determination of the above-mentioned principles.

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