Political situation
Written by: Zhou Lixi
2020-06-21 14:53
Last update date: 2020-06-21 14:53Details of the draft "National Security Act of the Minato District" were revealed yesterday (20th), including the establishment of the "National Security Agency" in Hong Kong, the establishment of the National Security Council in the SAR, and the appointment of judges to hear national security cases by the chief executive.
Su Shaocong, the former president of the Hong Kong Law Society, pointed out that the National Security Law and the system for the establishment of the Special Administrative Region also come from the highest authority in the country. I believe that the legal level of the National Security Law is equivalent to the Basic Law. The vice president of the Bar Association, Ye Qiaoqi, pointed out that the content of the temporary disclosure of the draft still does not specifically define the four types of criminal behavior, and believes that the transparency of the legislative process is too low.
Ye Qiaoqi pointed out that the appointment of a judge by the Chief Executive is difficult to be accepted by Hong Kong lawyers because it violates the principle of judicial independence in Hong Kong and is "unheard of." (Show screenshot)
Ye Qiaoqi: The Hong Kong Government's involvement in prosecution and interrogation is inappropriate
Ye Qiaoqi said in the Hong Kong and Taiwan program "Urban Forum" that it is difficult for the chief executive to designate a judge to accept the case, and questioning the violation of the principle of judicial independence is bluntly "unheard of." She pointed out, for example, that the criminal act was prosecuted by the Hong Kong government, but the judge was appointed by the head of the Hong Kong government. She believed that the prosecution and interrogation involved the Hong Kong government, and the practice was inappropriate.
Ma Fengguo, a deputy to the People’s Congress of the Hong Kong District, believed that the central government had to enact legislation on national security laws on behalf of Hong Kong, describing the legislation as quite restrained, and relying heavily on the Hong Kong government to handle justice and law enforcement. He believes that the National Security Law is different from other laws. How to judge right from wrong is quite a political decision. The judges in Hong Kong have not been loyal to the People's Republic of China. He pointed out that, according to his understanding, the chief executive will appoint a group of judges to deal with the National Security Law, rather than appoint individual judges to try individual cases. He believes that this arrangement will not influence the judges' case.
Tu Jinshen, a member of the Democratic Legislative Council, pointed out that the national security laws of many countries in the world are subject to the United Nations International Human Rights Convention, and the biggest challenge of the national security law is whether the major cases can adhere to the value of human rights. He believes that the national security laws enacted in the Mainland are difficult In line with Hong Kong's international standards. Ma Fengguo retorted that the International Convention on Human Rights stated that individual actions could not contravene the National Security Law. Ye Qiaoqi pointed out that the National Security Law still had to meet the legal “property verification standards” and studied whether the relevant laws were in proportion.
Su Shaocong pointed out that the nature of the National Security Law is a national law, not only taking care of the laws of the Hong Kong Special Administrative Region. He pointed out that the "judicial independence" referred to in the Basic Law is the independent judicial power and the final adjudication power. Among them, the judicial power includes the judicial power of the courts, and the composition of the courts at all levels is specified by law, and each judge is also appointed by the chief executive. . He believes that the National Security Law is a matter at the national level, and it may be necessary to read state secrets, and thinks that the chief executive has the right to participate in a reasonable way.
Ma Fengguo believes that the central government has exercised restraint in legislating, and it has handed over investigation and prosecution to Hong Kong. It is estimated that the central government will only take action when the Hong Kong government cannot handle it. (Show screenshot)
Special circumstances guarantee jurisdiction Ma Fengguo: The central government has been very restrained
As for the jurisdiction reserved by the central government under special circumstances, Ma Fengguo believes that the central government has been very restrained, and it has handed over investigation and prosecution to Hong Kong. It is estimated that the central government will only act when the Hong Kong government cannot handle it.
Tu Jinshen believes that the provision does not mention "special circumstances", but in fact it is a question of confidence, because the legal system in the Mainland is relatively backward, and Hong Kong itself is in line with international standards. However, he emphasized that there are many cases in Hong Kong that try to conduct acts between the two places. When there is no jurisdiction, mutual judicial assistance and cooperation with other countries are also involved.
Ye Qiaoqi pointed out that what is meant by "very few" cases is currently undefined, and "jurisdiction" does not mention whether it includes law enforcement power, judicial power, etc. It is considered that if the Mainland's judicial concept is added to Hong Kong, there will be a big problem because of the national security The definition can be very different from Hong Kong.
Regarding the establishment of the National Security Agency, Ye Qiaoqi believes that establishing a coordination mechanism and cooperating with the judiciary means that both law enforcement and the judiciary must cooperate. However, the judiciary in Hong Kong is independent. "Does the point have administrative cooperation with the executive?" She questioned why some people would Describe this as a minor issue.
The central government's initiative to enact national security laws for Hong Kong is a major test of the success of "one country, two systems." (Profile picture)
Hong Kong version of National Security Law｜Tang Jiahua: The draft has balanced national security and freedom
Analysis｜The Hong Kong version of the National Security Law passed the end of the month.
Hong Kong version of the National Security Law｜The next meeting of the Standing Committee of the National People’s Congress will be held from June 28 to 30
Hong Kong version of the National Security Law｜Liang Aishi: National Security Advisors are not independent of the imperial sovereignty of Tibet, and Tibetan independence is only handled by the central government
Su Shaocong, the Central Commissioner of State Council: must have state secrets
As for the central government to send people to serve as national security affairs advisers, Ma Fengguo believes that "it can't be more reasonable" because national security involves many national powers. Since the current decision is to rely on the Hong Kong government for implementation, it is also necessary to send people to coordinate with the National Security Council of Hong Kong. Appointing one person will not act as the "superior emperor" but a coordinating role.
Tu Jinshen pointed out that in Hong Kong, there has never been a committee appointed by the central government to meet with the Hong Kong side; Su Shaocong believes that some cases will involve state secrets, and it must be possible to have a national security adviser.
Tu Jinshen emphasized that the Standing Committee of the National People's Congress, the CPPCC, etc. did not know the content of the draft until the content of the draft was published, but the text indicated that many Hong Kong parties had been asked. Ma Fengguo admits that as a NPC deputy, he did not know the content of the legislation very late, but mentioned that the Central Committee had already made a decision when the Fourth Plenary Session of last year, and the legislation was initially written in the same way as it was at the time, but Hong Kong people were ignorant and did not pay attention.
Hong Kong Law Society Tu Jinshen