Political situation
Written by: Chen Xiaoyu
2020-06-20 17:10
Last update date: 2020-06-20 17:10The high-profile details of the "Hong Kong version of the National Security Law" are officially revealed!
The NPC Standing Committee meeting held in Beijing for three consecutive days ended. It is reported that one of the more concerned contents of the draft is that the central government needs to set up a "National Security Office in Hong Kong", whose functions include analyzing and judging the situation of Hong Kong's national security maintenance, and providing comments and suggestions on major national security strategies and important policies; supervision, Guiding, coordinating, and supporting the Hong Kong Special Administrative Region in performing its duties of maintaining national security, as well as collecting and analyzing national security intelligence information. The National Security Office in Hong Kong will only conduct jurisdiction over crimes against Hong Kong’s national security under "special circumstances," including law enforcement.
Another detail focuses on the handling of judges. The draft does not prohibit foreign judges from trying national security law cases, but stipulates that the chief executive will appoint several judges to deal with national security-related cases, breaking the tradition that the chief judge of the Court of Final Appeal has appointed a judge to hear the case.
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)
Shen Chunyao, Director of the Legal Work Committee of the General Standing Committee, made a statement to the 19th meeting of the 13th National People’s Congress on the "Law of the Hong Kong Special Administrative Region of the People's Republic of China on the Maintenance of National Security (Draft)", emphasizing this legislation, The Central Government has fully considered the actual needs of Hong Kong for safeguarding national security and the actual situation of the SAR, and made it clear that safeguarding national security in the Hong Kong SAR is the main responsibility of the SAR. "Most of the work in this area, including law enforcement, prosecution and judicial work, is done by the SAR, and the vast majority of cases are handed over to the SAR. The principle of "one country, two systems" is fully exemplified and respect for Hong Kong laws is reflected."
In terms of specific implementation, the "Draft" clearly stipulates that Hong Kong needs to establish a "National Security Committee" to be responsible for the maintenance of national security in the Hong Kong Special Administrative Region and assume the main responsibility for maintaining national security.
The "National Security Council" is chaired by the Chief Executive, whose members include the Chief Secretary for Administration, the Financial Secretary, the Secretary of Justice, the Secretary for Security, the Commissioner of Police, the head of the National Security Department of the Police, and the Director of Immigration , The customs chief and the chief executive's office, etc.
It is reported that the duties of the "National Security Council" include: analyzing and judging the situation of safeguarding the national security of the Hong Kong Special Administrative Region, planning relevant work, formulating the policy of safeguarding the national security of the Hong Kong Special Administrative Region; advancing the construction of the legal system and enforcement mechanism for safeguarding the national security of the Hong Kong Special Administrative Region; coordinating Hong Kong The special work and major actions of the Special Administrative Region to maintain national security.
The Hong Kong version of the draft National Security Law adopted by the National People’s Congress in the "Two Sessions" last month stated that "the relevant organs of the Central People's Government for the maintenance of national security shall establish institutions in the Hong Kong Special Administrative Region as necessary to perform their duties related to the maintenance of national security according to law." The specific details have corresponding content, that is, the central government dispatched a new agency "National Security Agency" in Hong Kong.
The main duties of the "National Security Agency in Hong Kong" include: analyzing and judging the situation of safeguarding the national security of the Hong Kong Special Administrative Region, providing opinions and suggestions on major national security strategies and important policies; supervising, guiding, coordinating and supporting the Hong Kong Special Administrative Region in the implementation of the maintenance of national security Responsibilities; collect and analyze national security intelligence information, etc.
This is likely to be the fourth central station in Hong Kong after the Liaison Office of the Central Committee of the People's Liberation Army, the People's Liberation Army Garrison in Hong Kong, and the Ministry of Foreign Affairs Special Assignment Office in Hong Kong.
It is reported that Shen Chunyao emphasized in the "Explanation" that the National Security Office in Hong Kong only under "special circumstances", jurisdiction over the Hong Kong SAR’s crimes against national security, also known as "this is an important manifestation of the central government’s comprehensive governance power and is conducive to support. And strengthen the law enforcement and judicial work of the Hong Kong Special Administrative Region to safeguard national security."
Another sensitive issue is the issue of judges. Earlier, some members of the establishment faction requested that foreign judges be prohibited from handling national security law cases, but they were not accepted by the central government. The draft provision does not mention that foreign judges are not allowed to try Guoan cases, but the criminal procedure of the relevant cases is stipulated by the Chief Executive from the magistrates, district court judges, the High Court Court of First Instance, the Court of Appeal and the Court of Final Appeal. A number of judges will be appointed to deal with it.
Judges handling cases related to national security must be appointed by the chief executive, breaking the tradition that the chief judge of the Court of Final Appeal has appointed judges to hear cases. (See separate article for details)
Tan Yaozong