Political situation
Author: Sha Banshan
2020-06-20 20:20
Last update date: 2020-06-20 20:23The full name is the "Hong Kong Version National Security Law" of the "Law of the People's Republic of China on the Maintenance of National Security (Draft)". The content was exposed with the explanation of Shen Chunyao, director of the Legal Work Committee of the National People's Congress. "Xinhua News Agency" issued a press release this (20th) afternoon, recording some details of the draft for the first time.
Some analysts believe that from the "Xinhua News Agency" article, the central government has made concessions to the Hong Kong people in various aspects, including that national security is a national responsibility. It also lists the protection of human rights. However, at the same time, the central government also has some areas that are "hardened", including that the central government reserves the power to exercise jurisdiction over crimes in Hong Kong that seriously endanger national security under "certain circumstances."
Between "concession" and "hardening", which side is lighter or heavier?
The Hong Kong version of the National Security Law will generally be handled by the Hong Kong legal system, and the Department of Justice will set up relevant departments to initiate prosecution. (Profile picture)
Since the introduction of the "Hong Kong version of the National Security Law", Hong Kong and the international community have had many controversies and concerns. The manuscript issued by the "Xinhua News Agency" this time is Shen Chunyao, director of the Legal Work Committee of the Standing Committee of the National People's Congress, introducing the content of the draft to the Standing Committee of the National People's Congress.
Hong Kong government dominates law enforcement, prosecution and trial
The manuscripts generally responded to various social concerns, and the intention of "sending peace of mind" to the people of Hong Kong is quite obvious. There are voice concerns that after the "Hong Kong version of the National Security Law" is enacted, some people will be sent to the Mainland for trial. This time it is clearly stated that the relevant cases will be handled by the Hong Kong government, including the Hong Kong police law enforcement and prosecution by the Department of Justice.
Regarding the trial, there were comments in the society earlier that foreign judges cannot be tried, but this time there are no relevant restrictions. But there are some details, that is, the Chief Executive appointed a local judge to try. Generally speaking, when a Hong Kong court wants to deal with a case, the judiciary arranges for the trial of the judge, and it is handled from a professional perspective. As for national security-related cases, if they are appointed by the chief executive, it is more of a political consideration and is regarded by the outside world as a "defense line" in Beijing.
Therefore, although there is no explicit provision that foreign judges cannot try, the actual operation can already achieve the same effect of "insurance".
Many principles of the rule of law are the same as Hong Kong's common law
The second focus of external concern is whether the bill is handled according to the legal principles of the Mainland or Hong Kong. Judging from today's manuscript, the interrogation and legal guarantees related to the National Security Law are closely related to the current operation of the Hong Kong judicial system.
The manuscript stated that in handling cases, "the principle of the rule of law" should be adhered to, including the presumption of innocence, the protection of the right to defense, and the possibility of second trial for one crime. These are common principles of the rule of law under Hong Kong's common law.
However, the manuscript also mentioned that we must focus on handling the connection, compatibility and complementarity between the National Security Law and the relevant laws of the country and the local laws of the Hong Kong Special Administrative Region. The draft disclosure of the manuscript states that "If the local laws of the Hong Kong Special Administrative Region are inconsistent with this law, the provisions of this law shall apply." At the same time, the power of interpretation rests with the Standing Committee of the National People's Congress.
The NPC congress passed the vote and authorized the NPC Standing Committee to formulate the Hong Kong version of the National Security Law. (Xinhua News Agency)
The human rights protection clause outperforms the Mainland’s national security laws without requiring compliance with human rights conventions
The third aspect is the protection of human rights. Outsiders have concerns that if the national security is involved, the suspect may fail to receive fair treatment or even violate human rights. This time, the civilized text stipulates that the "Hong Kong version of the National Security Law" must be handled in accordance with the Basic Law, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights in order to protect human rights. Questioning.
It should be noted that although China signed the "International Covenant on Human Rights" in 1998, there are many conflicts between the current bill and the convention. For example, the relevant national security bills in the Mainland do not require compliance with the "International Covenant on Human Rights", and the maximum penalty is The death penalty, the "National Security Act of the Minato City" is to protect human rights. This shows that this time it was deliberately adjusted in response to external concerns.
The National Security Office generally does not take action but will supervise, guide and coordinate the implementation of the bill
The fourth focus is the establishment of a national security agency in the central government, namely the National Security Agency. The outside world is worried that the national security agency established by the central government will replace the law enforcement of the Hong Kong department. The manuscript shows that although the National Security Agency is established, in most cases, the law enforcement by the Hong Kong department is the cause.
However, the manuscript has not completely dispelled the external suspicion that the central Hong Kong agency "guidance" the Hong Kong government department to deal with the incident. The content also mentions "supervision, guidance, coordination, support" to implement the relevant bills. Can effectively implement the National Security Law.
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