Political situation
Written by Peng Zhuowei
2020-06-20 23:40
Last update date: 2020-06-20 23:40After a series of 31 meetings of the Standing Committee of the National People's Congress, the content of the "Draft" of the "Hong Kong Version National Security Law" was exposed. According to the "Xinhua News Agency" report, the judge who hears the National Security Law must be appointed by the chief executive, which has aroused heated discussion in the society, and some people are worried about the fairness of the trial. According to authoritative sources, "Hong Kong 01" said that the actual operation was that the chief executive appointed a number of judges with appropriate conditions in advance, and will deal exclusively with national security cases in the future, rather than assigning the presiding judges individually for individual cases, so "there is no problem of interference with judicial independence. ".
Authoritative sources emphasized that according to the Basic Law, the Hong Kong court judges are appointed by the Chief Executive. The Chief Executive is accountable to the Central People’s Government, and it is within the scope of his duties to designate a judge who is suitable for hearing cases that endanger national security.
After the details of the Hong Kong version of the draft National Security Law were released today, Yang Yueqiao, a Citizen Party who is a barrister, criticized that the chief executive chose judges and the executive body "stretched hands" into the judiciary. "Beijing puts power like a sword into the Hong Kong judiciary. The practice is contrary to judicial independence.
However, authoritative sources explained to "Hong Kong 01" that, according to the Basic Law, the Hong Kong court judges are appointed by the Chief Executive. The Chief Executive is accountable to the Central People’s Government, and it is within the scope of his duties to designate a judge who is suitable for hearing cases that endanger national security.
The news also emphasized that this provision does not undermine judicial independence. The source pointed out that judicial independence means that judges are not subject to any interference in the trial of specific cases, and the provisions of the National Security Law mean that the Chief Executive designates some judges suitable for hearing cases that endanger national security among the existing court judges at all levels, not Select the presiding judge for a specific case.
The source said, "The "Draft" clearly stipulates that cases under the jurisdiction of Hong Kong are in accordance with the current judicial procedures in Hong Kong. Therefore, when dealing with specific cases, more senior judges at all levels of courts still determine the candidates for the specific trial from the above list, There is no interference with judicial independence."
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