Political situation
Written by: Zhou Lixi
2020-06-21 18:44
Last update date: 2020-06-21 18:46"The Hong Kong version of the National Security Law. The draft statement was made public yesterday (21st). The National People's Congress Standing Committee Tan Yaozong who just returned to Hong Kong said today (21st) that because the National Security Law is a law formulated by the NPC Standing Committee, the NPC Standing Committee has the power to explain It’s just that the Standing Committee of the National People’s Congress also empowers the courts in Hong Kong to have the power to interpret cases.
Tan Yaozong pointed out that national security is a national act and affair, so when the Hong Kong Court of Final Appeal makes a final ruling, it should act in accordance with Article 158 of the Basic Law, that is, seek procedural interpretation by the People's Congress.
Tan Yaozong, member of the Standing Committee of the National People's Congress, believes that the draft is aimed only at a very small number of people. The content also takes into account the characteristics of the "Common Law" to the greatest extent, and hopes that the "Hong Kong version of the National Security Law" will bring stability to Hong Kong society. (Profile picture)
The National Security Office is not bound by Article 22
According to " Article 158 of the Basic Law," the Hong Kong Special Administrative Region Court may interpret on their own terms within the scope of autonomy of the SAR, in adjudicating cases, unless the court requires provisions regarding matters central government or central government and the HKSAR relations in adjudicating cases Interpretation, and the interpretation of this clause affects the judgment of the case. Before making a final verdict that cannot be appealed to the case, the Court of Final Appeal should ask the Standing Committee of the National People's Congress to explain the relevant clause.
When meeting with reporters at the Hong Kong International Airport, Tan Yaozong said that the National Security Office in Hong Kong authorized by the National Security Law of the Minato District is not the "departments of the Central Government" within the meaning of Article 22 of the Basic Law. He said that the content of the draft National Security Law combined with the actual situation of Hong Kong and the decision made by the National People's Congress on the National Security Law. It emphasized that the content was drafted with reference to many situations and opinions in Hong Kong. He hoped that Hong Kong people would have confidence that the National Security Law would stabilize Hong Kong.
With regard to the draft National Security Law, the judge who tried the national security case was appointed by the Chief Executive. Tan Yaozong explained that because national security cases are special and different from ordinary criminal cases, he believes that it is a proper matter to have a special judge and a member of the Department of Justice to deal with it. There is no problem and it will not contravene the Basic Law.
Tan Yaozong. (Profile picture)
Hong Kong version of the National Security Law｜Tan Huizhu pointed out that human rights are still protected.
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The central government has a mechanism to determine whether a suspect is brought to the Mainland
He believes that the appointment will not bring pressure to the judges. He said that there are many different views on the appointment of judges. Some people have proposed not appointing foreign judges, and some have suggested that the mainland judges should try the case. The approach is reasonable.
I was asked if there would be suspects suspected of violating the law after the National Security Act of the Port Area was passed to the Mainland for trial. Tan Yaozong pointed out that there are some things that cannot be estimated. The situation and cases can be assisted by the central government, and there will be a mechanism to determine which suspects need to be brought to the Mainland for trial, but this stage cannot be disclosed in detail. He emphasized that the role of the relevant provisions is to "get the bottom" when drafting the law. When the actual problems are encountered, how to solve them.
Hong Kong version of the National Security Law