Political situation
Author: Zheng Rongdi
2020-06-16 09:42
Date of last update: 2020-06-16 09:42Deng Zhonghua, deputy director of the Hong Kong and Macao Affairs Office of the State Council, attended the 30th anniversary of the promulgation of the Basic Law yesterday (16th) and said that most of the work of the National Security Law of the Hong Kong District, including law enforcement and justice, should be completed by the SAR, but the central government should also remain in the " "Extremely special circumstances", the power to govern "specially serious cases".
Yang Yueqiao, a member of the Citizens’ Legislative Council as a barrister, believes that Deng Zhonghua’s remarks must have weight and careful consideration. If he mentions that the jurisdiction of special cases will be retained, it will be worrying what is “very special”. The details of the type or type of crime involved, whether the defendant can appeal, and the location of the trial are not clear.
Deng Zhonghua pointed out that under the National Security Law, the vast majority of enforcement work including law enforcement and justice should and must be completed by the SAR, but the central government also reserves the right to direct jurisdiction under "extremely special circumstances." (Picture of National Hong Kong and Macao Research Association)
Yang Yueqiao explained that under the common law system, the definition of criminal offences requires clarity, but Deng’s vagueness of speech is confusing, full of uncertainty, and inconsistent with the spirit of common law.
Deng Zhonghua also mentioned that the national security laws of the port area have an unchallengeable authority, and no Hong Kong laws should contradict it. In this regard, Yang Yueqiao stated that the Basic Law should be the highest legal basis. If there are other provisions that conflict with the Basic Law, for example, if the provisions of the provisions violate human rights protections, they can be brought to judicial review by the court.
Yang also pointed out that the Basic Law grants Hong Kong the power of final adjudication. Hong Kong can handle all things that happen in Hong Kong, but the Central People's Republic of China is forced to distort the law in order to move ships. He is worried that if there are national security agencies in Hong Kong that will enforce law in Hong Kong, will they obey Hong Kong laws, "If there is a national security suspected of violating human rights norms, have they complained to the Ministry of National Security? Or are they simply supreme and not allowed to challenge?"
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