Political situation
Author: Zheng Rongdi
2020-06-14 12:00
Last update date: 2020-06-14 12:00Chen Wenmin, a professor at the Law School of the University of Hong Kong, said this morning (14th) when he attended the Hong Kong and Taiwan program that national security issues involve personal freedom and sensitive content. Any civilized country will narrow the scope of national security to achieve a balance with the basic rights of the people. The most obvious of these include freedom of assembly and expression, and believe that these basic rights should not be replaced by national security reasons because the regime does not like them.
Chen Wenmin mentioned that the National Security Law is tailor-made for Hong Kong and must comply with the Basic Law and common law principles. The National Security Law, as a criminal law, must list the scope of legal regulation. For example, subversion and division of the country should involve political purposes. And the act of seizing power by force can lead to a national split, otherwise it is just a matter of freedom of expression or public order.
He also pointed out that when no country had ever enacted a national security law, the affected citizens could not even preview the draft, questioning that the central government did not conduct public consultations, which was not ideal.
Chen Wenmin believes that the slogan peacefully called "overthrowing the one-party dictatorship" should not constitute a subversion or division of the country. (Photographed by O'Gallery)
Chen: The June 4th call "overthrow of dictatorship" should not be a subversive country
Chen Wenmin said on the show that over the past two weeks there have been overwhelming publicity in the society, but most of them are "emotional", which makes people forget the crux of the national security law. "You can't do anything because it is national security." He thinks Since legislation is imperative, the public should pay attention to four details, including the scope of legal restrictions, court power, procedural safeguards and enforcement details.
Chen Wenmin said that the legislation of the National Security Law of the Minato District originally thought to replace the 23 functions of the Basic Law, so its legal status should be subject to the same restrictions as the rest of the laws of Hong Kong. The National Security Law is a criminal law and must be written very carefully. Mention abstract principles.
He pointed out that the scope of the four crimes covered by the current National Security Law is general. Among them, subversion and splitting the country should involve seizing power by force, waging war, and so on, which can lead to the split of the country. "It must have a political purpose and an effect, otherwise it is just a matter of words. It’s freedom of speech. If it’s an ordinary behavior that doesn’t involve political demands, it’s a matter of law and order.” He gave an example. The slogan of the rallies at the June 4th candlelight party peacefully called “overthrowing the one-party dictatorship” should not constitute a subversion or division of the country.
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Tan Yaozong, a member of the Standing Committee of the National People's Congress, has recently stated that neither parliamentarians nor candidates should oppose legislation for national security. Otherwise, it is a violation of the Basic Law and the qualifications for election should be disqualified. Chen Wenmin retorted that the law is used to comply, but it does not mean that it cannot be opposed. "Citizens do not break the law, nor do they mean they cannot criticize the law as unreasonable.
Hong Kong version of National Security Law
