Political situation
Author: Sha Banshan
2020-06-20 18:27
Last update date: 2020-06-20 18:27The content of the "Hong Kong version of the National Security Law" has attracted much attention. Shen Chunyao, director of the Legal Work Committee of the Standing Committee of the National People's Congress, introduced the contents of the draft to the Standing Committee at the meeting today (20th), making the details finally exposed.
The draft is divided into three parts, the most important part is a total of 66 articles in 6 chapters, detailing the principles of the bill and the actual operation.
The “Xinhua News Agency” manuscript stated that Hong Kong’s draft law on the maintenance of national security has six chapters, which are the general principles, Hong Kong’s responsibilities and institutions for maintaining national security, crimes and penalties, case jurisdiction, law application and procedures, and maintenance by the Central People’s Government in the Hong Kong Special Administrative Region. National Security Agency, Supplementary Provisions; a total of 66 articles. The manuscript of "Xinhua News Agency" stated that this is a comprehensive law with substantive law, procedural law and organizational law. The draft mainly includes the following aspects:
The central government has legislative responsibility and the SAR has constitutional responsibility
The first point is to clarify the legislative responsibilities of the governments of China and Hong Kong. The article pointed out that it is the responsibility of the central government to formulate laws and regulations related to national security, but the SAR government also has a constitutional responsibility to protect national security.
Passed by the National People's Congress, the Hong Kong version of the National Security Law is formulated by the Standing Committee of the National People's Congress. (Xinhua News Agency)
The bill is regulated by human rights conventions to protect the human rights of suspects
The second key point is that the "Hong Kong version of the National Security Law" must protect human rights and be regulated by the Basic Law, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and guarantee speech, news, The freedom of publication, the rights and freedoms of association, assembly, procession, demonstration, etc., and the principle of preserving the principle of innocence, one crime cannot be tried at second trial, etc. I believe this is to eliminate the Hong Kong people and the outside Concerns about human rights violations.
The Hong Kong government establishes the National Security Council Police and the Department of Justice to set up relevant departments
The third key point is that the SAR Government should establish national security-related agencies, such as the National Security Council. Macao also established the National Security Council after establishing Article 23 of the Basic Law. I believe that the Hong Kong version of the National Security Council has a similar structure and role.
In addition, this paragraph also requires the Hong Kong Police to set up a department dedicated to national security, and the Department of Justice must also set up a national security-related team to handle law enforcement and prosecution matters.
The Hong Kong version of the National Security Law is handled by the local legal system. (Profile picture)
Hong Kong government enforces and interrogates in accordance with Hong Kong legal principles
The fourth point is to clarify the content and punishment provisions of the crime. The manuscript reveals that the third chapter of the "crime and punishment" of the draft is divided into six sections. It covers the crimes of secession, subversion of state power, terrorism, and collusion with foreign or foreign forces to endanger national security The specific composition of the four types of criminal acts and the corresponding criminal liability, other punishment regulations and the scope of effectiveness, but no specific details have been disclosed yet.
Chief Executive appoints local judge to handle case
The fifth point is the appointment of judges in national security related cases. The article mentions that the judges of the Hong Kong legal system will handle the case. However, unlike the general judicial arrangement, the judges are arranged by the judiciary. The judges in national security-related cases are appointed by the Chief Executive. The optional range includes current or qualified former magistrates. , Judges of the District Court, 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 may also appoint a number of judges, and may also appoint judges from temporary or ad hoc committee judges.
As for whether the foreign judges were banned from hearing cases involving national security, there is no relevant content in this article.
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The sixth point is the establishment of the National Security Agency in Hong Kong. The National Security Agency in Hong Kong is expected to be the fourth central station in Hong Kong after the Liaison Office of the Communist Party of China, the Office of the Special Envoy of the Ministry of Foreign Affairs in Hong Kong and the People's Liberation Army. The main task of the Office is to analyze and plan various policies related to national security, and "supervise, guide, coordinate, and support" the implementation of related laws.
The article states that the National Security Office will not enforce the law in most cases, and the relevant departments of Hong Kong will be responsible for the process of law enforcement and prosecution. The article states that "the National Security Agency in Hong Kong and relevant state agencies exercise jurisdiction over a very small number of crimes that endanger national security under certain circumstances."
Hong Kong version of the National Security Law