Hong Kong version of the National Security Law｜The Chief Executive appoints a judge to handle the case

Political situation

Written by: Zhou Lixi Wu Zhuo'an

2020-06-22 17:03

The details of the "National Security Act of the Minato District" have been revealed recently. It mentions that the Chief Executive "designates a number of judges" to try crimes that endanger national security. Citizen Party member of the legal profession Guo Rongkeng said today (22) that there is no legislation in Hong Kong that allows the chief executive to decide which judge will try a certain type of case, criticizing the practice for undermining the judicial independence of Hong Kong.

Tu Jinshen, a Democratic MP who is a lawyer himself, criticized that the National Security Law allows the Chief Executive to appoint judges to be groundbreaking and affect judicial independence. Regarding the establishment faction, the two chief judges of Hong Kong were appointed by the chief executive to refute. He believes that the two matters cannot be compared, because after the chief judge is appointed, the court will deal with all cases during the court's discretion.

The details of the "National Security Act of the Minato District" were revealed earlier. It mentions that the Chief Executive "designates a number of judges" to try crimes that endanger national security. (Profile picture)

The chairman of the Democratic Party, Hu Zhiwei, pointed out that the problem of the National Security Law is to put the legal system of "rule of man" in the Mainland into the Hong Kong society, and the Hong Kong legal system that should exercise the common law has become "open the door" and criticized the "Hong Kong version of the National Security Law". It is deliberately letting the full governance of the mainland come to Hong Kong.

Tu Jinshen described that the National Security Law made it possible for the chief executive to appoint a judge, which absolutely affected judicial independence. He cited the faction that the two chief judges in Hong Kong were also appointed by the chief executive to explain, but he believes that the two matters cannot be compared, because after the chief judge is appointed, his term of office will continue until his retirement. During the period, the court will decide which cases are considered by the court. deal with. Tu Jinshen questioned how it would be different from "dictatorship" if the Hong Kong government is responsible for prosecution and can appoint judges to handle such political cases.

Guo Rongkeng pointed out that there is no legislation in Hong Kong that allows the chief executive to decide which judge will try a certain type of case, criticizing the practice for undermining Hong Kong’s judicial independence and describing the practice as unconstitutional. (Photo by Wu Zhuoan)

Hu Zhiwei also pointed out that although the draft stated that the central government would only exercise jurisdiction in "special circumstances" and Tan Yaozong, the Standing Committee of the National People's Congress, described it as a "pocket" approach, he questioned that the interpretation of the NPC's Law in the Basic Law was also used for "bottom-up" , But then it was used "from time to time."

Tu Jinshen questioned that the National Security Adviser appointed by the Central Committee must be the "Sovereign Emperor", because it represents the Central People's Government on national security opinions, "How can the Hong Kong Government not listen?"

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Guo Rongkeng pointed out that judicial independence is the most important element of the rule of law in Hong Kong. It is based on the fact that judges can handle all cases independently, including deciding which judge should handle the case. He pointed out that there is no legislation in Hong Kong that allows the chief executive to decide which judge will try a certain type of case, criticizing the practice of undermining the judicial independence of Hong Kong, or even unconstitutional.

Hong Kong version of the National Security Law Democratic Party Tu Jinshen Guo Rongkeng