Political situation
Author: Sha Banshan
2020-06-20 17:31
Last update date: 2020-06-20 17:31The details of the Hong Kong version of the National Security Law have been exposed. Whether Hong Kong is responsible for law enforcement, prosecution and trial cases has become the focus of society. According to reports, according to the Xinhua News Agency's draft, the draft intends to highlight the main axis of "Hong Kong-led law enforcement". The Hong Kong version of the National Security Law to be passed will be newly established by the Hong Kong Police Force to maintain national security. The Department of Justice will also set up a special national security crime department , Responsible for prosecution work; the case is also tried by the Hong Kong courts, and has been implemented in a "one-stop" implementation of national security laws in Hong Kong.
However, the Central Government has also set up an "insurance line" that states that when Hong Kong is unable to enforce certain special cases, the "National Security Office in Hong Kong" can exercise its enforcement powers, and the judges who handle the cases must also be appointed by the chief executive.
After the adoption of the Hong Kong version of the National Security Law Conference, the Standing Committee of the National People's Congress meets for deliberation. (China News Agency)
The Hong Kong version of the National Security Law has attracted the most attention since its conception was revealed. How big is "inland involvement"? Judging from the details of the latest content announcement, Beijing deliberately tried to dispel external concerns during the formulation process. The "Draft" clearly states that
(1) The Hong Kong Government shall establish a "Hong Kong National Security Commission" to be responsible for the national security affairs of the Hong Kong Special Administrative Region and bear the main responsibility for the national security.
(2) On the enforcement level, from law enforcement, prosecution to trial, the Special Administrative Region establishes special departments, equips special forces, and appoints special personnel to handle them. The Hong Kong Special Administrative Region Police Service has established a department to maintain national security and is equipped with law enforcement forces.
(3) The Department of Justice of the Special Administrative Region Government has established a special national security crime prosecution department to be responsible for the prosecution of national security crime cases and other related legal affairs.
(4) Judging from the jurisdiction of the case and the application of the law, the Hong Kong SAR exercises jurisdiction over the vast majority of criminal cases stipulated in this legislation. The SAR has jurisdiction over national security crimes such as the investigation, prosecution, trial and execution of penalties and other litigation procedures, and this law and the local laws of the Hong Kong Special Administrative Region shall apply. The trial of national security crimes under the jurisdiction of the Hong Kong Special Administrative Region shall follow the public prosecution procedure.
Hong Kong version of National Security Law details exposed! The central government will set up a special judge of the National Security Agency in Hong Kong to be appointed by the chief executive
The "Draft" emphasizes that cases where the central government exercises jurisdiction are only "under certain circumstances", and there are very few cases. In other words, only when the SAR has "unmanageable" or "bad management" of cases that endanger national security will the central government take action, so it will not replace the responsibilities of the relevant agencies of the Hong Kong SAR, nor will it affect the SAR’s enjoyment under the Basic Law Independent judicial power and final adjudication.
Hong Kong version of the National Security Law