Political situation
Author: Zheng Rongdi
2020-06-14 10:52
Last update date: 2020-06-14 10:52"Hong Kong version of the National Security Law" legislation is imminent. Executive Council member and senior counsel Tang Jiahua said today (14th) in Radio Hong Kong's "Letter to Hong Kong" that when national security legislation is incorporated into Annex III of the Basic Law, it will become Hong Kong A part of the law is implemented according to the common law system; in other words, all common law and basic human rights guarantees under the Basic Law will apply, including the right to hire a lawyer to defend themselves, to remain silent, and the assumption of innocence.
On May 28, 2020, the National People's Congress passed the "Hong Kong version of the National Security Law" with 2,878 votes in favor, 1 against and 6 abstentions. (Reuters)
Tang Jiahua stated that what the NPC Standing Committee is to formulate is a set of laws, not a constitutional provision, nor is it to amend the Basic Law. When this law is enacted and included in Annex III of the Basic Law, the law will become part of Hong Kong law. Therefore, under the "one country, two systems" and "Basic Law", the law must be implemented in accordance with the common law system.
In other words, all common law and Basic Law guarantees of human rights will apply; for example, the right to hire a lawyer to defend themselves, the right to remain silent, the assumption of innocence, the burden of proof without doubt, etc., shall apply to the National Security Law. In addition, the "Hong Kong Bill of Rights Ordinance" and the "Basic Law" Article 39 applicable to Hong Kong "International Human Rights Convention", should have overriding legal effect of this law.
Tang Jiahua emphasized that Hong Kong's "high degree of autonomy" does not depend on a single national security issue, but a broader concept and includes: independent regional administrative power, independent economic and legal system, independent currency, tax system, financial system , Independent international status, such as health, trade, culture, sports and other international contacts.
Tang Jiahua. (Profile picture)
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The central government of Hong Kong has no final decision
Tang Jiahua also pointed out that the "Sino-British Joint Statement" did not mention anything related to national security, let alone the "high degree of autonomy" including the right to allow Hong Kong people to undermine national security. He also refuted the opinion that the central government’s legislation for Hong Kong violated Hong Kong’s “rights” and destroyed the freedom of the people of Hong Kong. He criticized the American Bar Association for mistakenly thinking that Hong Kong refers to “special autonomous region” rather than “special administrative region”, and even even autonomous regions It also needs to maintain national security.
He said that although Article 23 of the Basic Law mentions that Hong Kong should enact a law covering national security crimes, Article 12 of the Basic Law states that Hong Kong is not only a "local administrative region" of China, but also "directly under the Central People's Government" "Government", so Hong Kong obviously has no final say on national security matters.
Hong Kong version of National Security Act Tang Jiahua
