Political situation
Written by: Zhou Lixi
2020-06-02 07:00
Last update date: 2020-06-02 07:00The National People’s Congress passed the draft decision on the “Hong Kong version of the National Security Law” last week. The Standing Committee of the National People’s Congress will formulate specific legal provisions at the end of this month. Recently, many legal professionals have put forward suggestions. Promote the establishment of a separate court specializing in national security law.
In an interview with "Hong Kong 01", former criminal prosecutor Jiang Leshi said that national security has not always been a part of Hong Kong's high degree of autonomy, but the overall responsibility of the central government. He believes that the NPC's approach is completely constitutional this time.
As for the role of courts in Hong Kong, Jiang Leshi believes that foreign judges should be allowed to deal with national security cases, and lists six major reasons, including the fact that the judge has sworn to rule according to law, allegiance to the SAR, and many local Chinese judges also hold foreign passports Waiting, if a good foreign judge is unable to try some cases, it will be a great loss to Hong Kong.
Reuters quoted a person familiar with the report as saying earlier that the draft decision of the National Security Act of the Minato District, which was reviewed by the National People's Congress, would prohibit foreign judges from trying cases involving national security, but it can still handle civil, financial, and other cases. (Profile picture)
Two-level judges are prone to dissatisfaction
Jiang Leshi put forward six reasons, that foreign judges should be allowed to try cases related to the National Security Law:
1. All judges have sworn to support the Basic Law and allegiance to the Hong Kong Special Administrative Region of the People's Republic of China. In reality, there is no basis to point out that judges will not be able to perform their statutory judicial duties according to the oath.
2. If there are two judges at different levels, one of which is trusted to handle all cases, and the other level can only handle part of the case, the situation will easily cause dissatisfaction. Any such two-level system is not ideal.
3. Many Chinese judges are foreign passport holders. If foreign judges are not allowed to try cases, many local judges will be affected, not just foreigners.
4. Foreign judges have contributed a lot to the law of Hong Kong since 1997, especially the judges of the Court of Final Appeal, which has made the court highly recognized in the world, and they also act as promoters of Hong Kong’s good will in this regard.
5. The Hong Kong Court of Final Appeal contains the "finest legal brains" in the common law world, including three former presidents of the British Supreme Court and a former Chief Justice of Canada. If the legal wisdom of these people can no longer be applied to certain areas, it will be a great loss to Hong Kong.
6. The participation of foreign judges will be an important factor in ensuring the public’s continued confidence.
The Third Session of the 13th National People's Congress held a closing ceremony at 3 pm today (28). At the conference, with 2878 votes in favor, 1 vote against and 6 abstentions, the "Hong Kong version of the National Security Law" was passed, and the draft was officially entered into the legislative process. (Profile picture)
[Hong Kong version of the National Security Law] Law enforcement handed over to the Hong Kong police
Hong Kong version of the National Security Law | Reuters cited the news that the foreign judge banned the case and the vice president of the Bar Association is worried
Hong Kong version of the National Security Law │ Reuters cited news: Foreign judges are prohibited from handling national security cases
Hong Kong's National Security Act is only an "agent" role
As for whether the National People's Congress has the right to establish a national security law for Hong Kong area on its own, Jiang Leshi believes that it is completely constitutional and has no problem. He explained that even though the NPC Congress authorized Hong Kong in 1990, it would be able to represent the National People’s Congress on national security legislation in the future (ie Article 23 of the Basic Law), but Hong Kong only acts as an agent, and because national security is a national concern This has not always been part of Hong Kong’s high degree of autonomy, but overall it is the responsibility of the central government. (It has at all times remained the overall responsibility of the Central Authorities.)
Jiang Leshi said that according to Article 12 of the Basic Law, the Hong Kong Special Administrative Region is not a sovereign entity, as some have said, but a local administrative region of the People’s Republic of China, directly under the Central People’s Government, Therefore, it is necessary to be accountable to the central government, and one of the responsibilities is to enact legislation for Article 23 of the Basic Law. When Hong Kong does not legislate on its own, it means that the SAR cannot enforce the central authority, making Hong Kong the only part of China without national security laws.
He believes that Beijing is clearly unable to continue to tolerate the current situation. In addition to the violent separatism and terrorist attacks of anti-revision incidents, many of them are directed at the central government. The NPC Congress has no other way but to intervene.
Former criminal prosecutor Jiang Leshi believed that foreign judges should be allowed to deal with national security cases. (Photo by Luo Junhao/Profile Picture)
Implies that the Department of Justice should participate in legislative work
Jiang Leshi mentioned that the National People's Congress has the highest power. According to Article 62(3) of the Constitution, the National People's Congress is authorized to modify various basic laws such as criminal and civil institutions. That is, the National People's Congress has comprehensive jurisdiction over criminal law across China, including Hong Kong's National Security Law. He pointed out that what the National People’s Congress has done this time is completely constitutional. Anyone thinks that because of the Basic Law, Hong Kong can only be used as a "tail", but it can be shaken to the "dog" (the HK tail could wag the BJ dog, British proverb) in Beijing. , Meaning similar to "Huobin to seize the Lord"), are all very wrong.
As for the specific legislation, Jiang Lux believes that if the relevant provisions are clear and in the same format as the existing laws in Hong Kong, there will be no major problems. He suggested that the Department of Justice and its drafters should closely participate in the formulation of the "Hong Kong version of the National Security Law".
The National Security Law mentioned that the central national security agency can set up an organization in Hong Kong as needed. Jiang Leshi believes that the structure is similar to that of the British Political Department in the Royal Hong Kong Police before the return. The main task is to collect information and negotiate, including in Evidence collection in other parts of the Mainland. He also pointed out that how many people the central government needs to send to Hong Kong will depend on the scale of the subversive risk. If a certain number of people need to be sent to Hong Kong or need to be set up by another department, but in any case, they should be like other stations in Hong Kong Like institutions, they are governed by local laws.
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