Political situation
Written by Peng Zhuowei
2020-06-20 19:53
Date of last update: 2020-06-20 19:53With the official closing of the Standing Committee of the National People's Congress in Beijing, the principles, framework and details of the "Hong Kong version of the National Security Law" were also exposed. Macao, across the water, implemented Article 23 of the Basic Law as early as 2009 and passed the Law on the Maintenance of National Security. Many people compared the two. What is the difference between the two? Which one is more "spicy"?
Macau, across the water, implemented Article 23 of the Basic Law as early as 2009 and passed the Law on the Maintenance of National Security. (Profile picture)
1. Content
The draft "National Security Law of Hong Kong Version" specifically constitutes and corresponding criminal responsibility for the prevention, suppression and punishment of four types of criminal acts that occur in the Hong Kong Special Administrative Region, such as splitting the country, subverting state power, terrorist activities, colluding with foreign or foreign forces to endanger national security , Made clear provisions.
As for the "National Security Law" passed by the Macao Legislative Council in 2009, there are 15 civilized articles prohibiting seven types of acts that endanger national security, including: treason, split the country, incite rebellion, subvert the Central People's Government, steal state secrets, and foreign politics Sexual organizations or groups establish contacts to conduct acts that endanger national security.
2. Penalties
In Macau, those who violate Macau’s national security laws have a maximum prison term of 25 years and 30 years if they are guilty of multiple offences. This is also the highest penalty in Macau.
The "National Security Committee" will be established in Hong Kong. Its members include the Chief Executive, the three Directors, the Director of the Security Bureau, the Commissioner of Police, the head of the newly established Department of Police, the Director of Immigration, the Commissioner of Customs and the Director of the Chief Executive’s Office. Some people in politics believe that the Financial Secretary joined the committee in the hope of handling cases related to financial crimes. The committee in Hong Kong is also much larger than Macau. (Profile picture/Photo by Yu Junliang)
3. The "National Security Council" has a larger structure
The "National Security Committee" will be established in Hong Kong. Its members include the Chief Executive, the three Directors, the Director of the Security Bureau, the Commissioner of Police, the head of the newly established Department of Police, the Director of Immigration, the Commissioner of Customs and the Director of the Chief Executive’s Office. Some people in politics believe that the Financial Secretary joined the committee in the hope of handling cases related to financial crimes. The committee in Hong Kong is also much larger than Macau.
As for the establishment of the “National Security Committee” chaired by the Chief Executive in September 2018, members include the Macao officials such as the Director of the Security Department, the Director of the General Police Bureau, and the Director of the Judicial Police, who are responsible for coordinating and coordinating the work of maintaining the national security of Macau. The total manpower is planned to increase from the current 1,300 to 1,600 in seven years.
4. The ad litem judge is appointed by the Chief Executive with unlimited nationality
The draft "Hong Kong version of the National Security Law" does not prohibit foreign judges from trying national security law cases, but provides that the chief executive will appoint several judges to deal with national security-related cases, breaking the traditional tradition of assigning judges to hear cases by more senior judges. In terms of specific practices, the criminal procedure of the relevant cases is designated by the Chief Executive from the magistrates, district court judges, judges of the Court of First Instance of the High Court, judges of the Court of Appeal and judges of the Court of Final Appeal.
As for the Macao Legislative Council's amendment to the "Judicial Organization Outline Law" in February last year, prosecutors and judges involved in national security related cases need to be appointed from Chinese nationals, but there is no provision for the chief executive to designate judges to handle national security related cases.
5. Enforcement and prosecution are led by the Hong Kong government and have dedicated departments
At the enforcement level of the "Hong Kong version of the National Security Law", from law enforcement, prosecution to trial, the SAR will set up special departments, equip special forces, and appoint special personnel to handle them. The police department will set up a department to maintain national security and be equipped with law enforcement forces. 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.
As for Macau, the Judicial Police last year set up multiple departments such as national security intelligence collection, crime investigation, policy research, and comprehensive affairs. In January of this year, the Macao Legislative Council passed the "Judicial Police Bureau" law revision and the establishment of the "Judicial Police Bureau Special Duty System", and also expanded the powers of the judicial police bureau responsible for criminal investigations, as well as exempting disclosure of certain police officers under certain circumstances. identity.
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