Political situation
Written by: Chen Chuolan
2020-06-20 20:13
Last update date: 2020-06-20 20:13The details of the "Hong Kong version of the National Security Law" were officially revealed today (20th), which stated that the Central Government will establish the National Security Agency in Hong Kong, and that the Office can enforce the law in Hong Kong under "special circumstances", and the Department of Justice will also set up a special national security crime department. Responsible for prosecution work, the case is tried by the Hong Kong court.
The National People’s Congress Standing Committee Tan Yaozong responded to the draft content, saying that the draft of the National Security Act of the Hong Kong District reflects the central authorities’ trust in law enforcement personnel in Hong Kong, and that the draft states that it will protect human rights, and has absorbed the characteristics of the "Common Law" and the views of Hong Kong in various aspects. Bring stability to Hong Kong and smooth operation of "One Country, Two Systems".
Tan Yaozong believes that the draft only targets a very small number of people, and the content also takes into account the characteristics of the "Common Law" to the greatest extent. He hopes that the "Hong Kong version of the National Security Law" can bring stability to Hong Kong society. (Profile picture)
Tan Yaozong believes that the draft only targets a very small number of people, and the content also takes into account the characteristics of the "Common Law" to the greatest extent. He hopes that the "Hong Kong version of the National Security Law" can bring stability to Hong Kong society. Tan also revealed that the penalties in the draft are similar to the penalties in the laws of Hong Kong. The minor offences can be sentenced up to 3 years in prison, and the more serious ones can be sentenced to 5 to 10 years. As for the actual implementation and whether the four types of criminal acts will be For a clearer explanation, Tan Yaozong said that it depends on the details of the detailed draft that will be published later. It is not possible to give an example at present, but it emphasizes that the draft contains clear provisions to explain and define the crime.
The driving jurisdiction under "special circumstances" Tan Li is the central "insurance line"
For the central government, an "insurance line" is also set up, stating that when Hong Kong is unable to enforce the law in certain "special circumstances", the "National Security Office in Hong Kong" can exercise jurisdiction and the judges handling the case must also be appointed by the chief executive. Tan Yaozong believes that A "pocket-bottom" approach will not be used casually. As for "special circumstances", he believes that the approach is similar to the "garrison law".
Tan Yaozong said he was not worried that the appointment of a judge by the chief executive to hear the case would affect judicial independence. (Profile picture)
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 traditional tradition of being appointed by more senior judges. Tan Yaozong described it as a compromise, and believed that it is not necessary for China to deal with a judge The case, even if it is tried by a foreign judge, is not a problem. A reporter asked if he would worry that the practice of being appointed by the chief executive would affect judicial independence. Tan believed that it would not, because all the appointed judges are professional judges and will not be affected by other factors.
The draft of the "Hong Kong version of the National Security Law" also states that the power of interpretation of the law belongs to the Standing Committee of the National People's Congress. Tan Yaozong was asked if he would worry that the draft must be submitted to the Standing Committee of the National People's Congress for interpretation. In the case of interpreting the law, the reunification has only been brought to the NPC for interpretation five times, and I don’t worry that it will become frequent in the future.
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