The Limited Times

Now you can see non-English news...

Interview|Chen Wenmin: 23 specific contents have priority to promote the transparency of the "Hong Kong version of the National Security Law"

2020-06-04T06:15:59.455Z


The National People's Congress adopted the draft "Hong Kong version of the National Security Law" at the two sessions, authorizing the NPC Standing Committee to draft specific laws and incorporating them into Annex III of the Basic Law in accordance with Article 18 of the Basic Law, which was announced and implemented directly in Hong Kong, unlike the Basic Law. Article 23 is made by the Hong Kong SAR Government itself. In an interview with Hong Kong 01, Chen Wenmin, a professor at the Law Department of the University of Hong Kong, said that 23 articles specifically stated that Hong Kong’s National Security Law “should self-enact”, which is more legal than 18 articles that are generally introduced into national laws. He was worried that the legislation of the "Hong Kong version of the National Security Law" by the Standing Committee of the National People's Congress would change the provisions of the Basic Law. In the face of the imperative of national security laws, Chen Wenmin believes that the central government should increase the transparency of legislation without consulting Hong Kong people.


Political situation

Written by: Zhou Lixi

2020-06-03 07:00

Last update date: 2020-06-03 07:00

The National People's Congress adopted the draft "Hong Kong version of the National Security Law" at the two sessions, authorizing the NPC Standing Committee to draft specific laws and incorporating them into Annex III of the Basic Law in accordance with Article 18 of the Basic Law, which was announced and implemented directly in Hong Kong, unlike the Basic Law. Article 23 is made by the Hong Kong SAR Government itself.

In an interview with Hong Kong 01, Chen Wenmin, a professor at the Law Department of the University of Hong Kong, said that 23 articles specifically stated that Hong Kong’s National Security Law “should self-enact”, which is more legal than 18 articles that are generally introduced into national laws. He was worried that the legislation of the "Hong Kong version of the National Security Law" by the Standing Committee of the National People's Congress would change the provisions of the Basic Law.

In the face of the imperative of national security laws, Chen Wenmin believes that the central government should increase the transparency of legislation without consulting Hong Kong people.

On May 28, the National People's Congress voted to authorize the Standing Committee of the National People's Congress to formulate the "Hong Kong version of the National Security Law." (Associated Press)

Chen Wenmin pointed out that from time to time, there will be two provisions in a legal system that conflict with each other, and the legislative intent is more specific and special provisions that have the principle of priority. In Articles 23 and 18 of the Basic Law, he believes that Article 23 is specifically formulated for the legislative work of national security, while Article 18 is only generally applied to how to implement national laws in Hong Kong. The former is obviously more Priority, so the National Security Law should be based on the "Basic Law", and Hong Kong will make its own laws.

He also pointed out that the background of Article 23 of the Basic Law is that Hong Kong people have no confidence in the standards set by the Mainland for enacting laws related to national security. It was only written in the Basic Law that year, and it was left to Hong Kong to make its own legislation. He questioned that if the central government could enact additional legislation, the word "self-legislation" in Article 23 would be meaningless and disguised in violation of the original legislative intent of Article 23 of the Basic Law.

According to Article 23 of the Basic Law, the Hong Kong Special Administrative Region "should make its own legislation" to prohibit any acts of treason or secession.

Chen Wenmin, Professor of Public Law, School of Law, University of Hong Kong (profile picture)

The National People's Congress has the right to amend the Basic Law and delete the word "self-legislation"

One of the views in support of the central government's "Hong Kong version of the National Security Law" refers to the establishment of the SAR by the National People's Congress in accordance with the Constitution, so the central government has the absolute right to legislate for Hong Kong. Chen Wenmin believes that in addition to the question of "whether there is power or not", we should also discuss whether there are restrictions. He pointed out, for example, that the Hong Kong government has the absolute power to issue restaurant licenses, but after authorizing the Food and Environmental Hygiene Department to issue licenses, the chief executive cannot arbitrarily propose to license a restaurant, and the National People’s Congress has established the Basic Law. The provisions restrict them from helping Hong Kong to make laws at will, otherwise, they will change the concept of "one country, two systems".

He pointed out that the National People's Congress actually has the right to amend the Basic Law. It can only help Hong Kong legislate after deleting the word "self-legislation" in Article 23, which he believes is a relatively respectful legal system.

As to whether it is necessary to establish a "Hong Kong version of the National Security Law", Chen Wenmin believes that Hong Kong's criminal law has broadly summarized the acts that have the opportunity to violate national security laws, including the existing treason, incitement, riot, "Society Ordinance", etc. However, many of the 23 legislative proposals of the Hong Kong Government’s Basic Law in 2003 were made up of the existing laws. "I don’t agree that there are loopholes in some people’s speeches and there is no protection."

Chen Wenmin is concerned about the vagueness of the relevant terms of the new law, and how the example refers to "external forces"; whether peaceful demonstrations will be criminalized is also unknown.

The Basic Law. (Profile picture)

Hong Kong version of the National Security Law|Yang Tieliang: Sovereign National Security Law cannot be refuted to criticize foreign comments for being insincere

Interview|Jiang Leshi: The Central Authorities Have the Right to Establish Hong Kong’s National Security Law

Hong Kong version of the National Security Law | Mainland law is more general than Hong Kong's Chen Wenmin: for later interpretation

Reuters draws judges to worry about judicial independence attacked by Beijing Chen Wenmin: The legal profession is generally worried

Worried about the Mainland’s unfamiliar common law

In the face of the NPC Standing Committee’s legislation for Hong Kong, many local legal scholars called for more advice from common law experts. Chen Wenmin believes that the current legislation has not consulted the views of Hong Kong people at all. Just like the 23 legislations in that year, the Hong Kong Government also refused to consult with the white paper. "It is really necessary to see that the articles have room for discussion." He said that the "Civil Code of the People's Republic of China" just adopted by the "two sessions" this year has also gone through a consultation process.

At present, the "Hong Kong version of the National Security Law" is drafted by the Standing Committee of the National People's Congress. Chen Wenmin is worried that the drafters are not familiar with Hong Kong's common law system. Even if there are familiar people, the drafting process will inevitably have blind spots, and the mainland has its political considerations. not ideal. He hoped that the central government would deal with the issue of national security laws in an open manner, increase the transparency of legislation, and not give people the feeling of "pressed down with politics."

Regarding the protection of human rights, Chen Wenmin said that it will depend on how wide the scope of the crime is when the "Hong Kong version of the National Security Law" is enacted. He emphasized that the "Hong Kong version of the National Security Law" must not arbitrarily restrict the human rights and freedoms of citizens. The provisions must be clearly written and the relevant behaviors should be specifically proved to be problematic before they can be convicted.

Hong Kong version of National Security Law

Source: hk1

All news articles on 2020-06-04

You may like

News/Politics 2024-03-07T08:05:51.578Z
News/Politics 2024-01-30T03:38:38.978Z

Trends 24h

News/Politics 2024-03-28T06:04:53.137Z

Latest

© Communities 2019 - Privacy

The information on this site is from external sources that are not under our control.
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.