Political situation
Written by Peng Zhuowei
2020-06-19 18:59
Last update date: 2020-06-19 18:59A meeting of the Standing Committee of the National People's Congress is being held in Beijing, and formal consideration of the draft "National Security Law for the Port Area" has begun. The Bar Association issued a statement calling on the NPC Standing Committee to disclose the draft law as soon as possible for public reference.
The Secretary for Justice Zheng Ruohua pointed out that it is unreasonable and unrealistic to require that all the legal provisions of the National Security Law, which is a national law, be in accordance with the common law of Hong Kong. The Association considers the relevant statements to be worrying. Article 8 of the Basic Law provides It is clear that the common law is the legal system of Hong Kong. The Association hopes to invite Zheng Ruohua to explain his statement. If the National Security Law is a mixed law of different legal systems, how should Hong Kong judges, barristers and lawyers interpret and apply this new law.
A meeting of the Standing Committee of the National People's Congress is being held in Beijing, and formal consideration of the draft "National Security Law for the Port Area" has begun. (Xinhua News Agency)
Deng Zhonghua, deputy director of the Liaison Office of the CPC Central Committee, recently stated that "in very special circumstances", the central government should retain jurisdiction over these cases. Moreover, the establishment of a new national security agency in Hong Kong is a "clear requirement" of the central government. Its functions include " To supervise the enforcement of the law, the "National Security Law of the Minato City" "has an unassailable status and authority, and no local laws of Hong Kong shall conflict with this law."
The Bar Association believes that the questions arising from this opinion include: whether the defendant’s case will be tried in a Hong Kong court under the criminal justice system in Hong Kong; or whether it will be handed over to a Mainland court for trial and serve a sentence in the Mainland. As for the statement that the National Security Law "has an unchallengeable status and authority", the Association raises a question that if the "Minato City National Security Law" conflicts with other local laws and regulations protecting human rights (such as the "Hong Kong Bill of Rights Ordinance") Does it mean that the National Security Law has high authority.
Refers to the national security agency "supervising and guiding" the local law enforcement agencies without constitutional support
The Bar Association also pointed out that, assuming that the central government will establish a national security agency in Hong Kong (in accordance with Article 22 of the Basic Law), it is recommended to mention that the national security agency “supervises and directs” local law enforcement agencies to maintain national security. It is unprecedented and Lack of constitutional support. The Association believes that if the proposal is adopted in any way or degree, two parallel law enforcement systems will emerge in Hong Kong, while the national security agency may not be completely subject to the legal review and accountability system that has always been applicable to law enforcement agencies in Hong Kong.
Hong Kong version of the National Security Law｜The Bar Association advocates that there should be no retrospective effect and that Hong Kong courts should have complete jurisdiction
The Hong Kong version of the National Security Law │The Bar Association wrote to the National People's Congress to promote public consultation and publicize the draft law
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
Bar Association: The National People’s Congress has no right to accept Hong Kong’s National Security Law in Annex III of the Basic Law to challenge violations of international conventions
Hong Kong version of the National Security Law Association Zheng Ruohua