Political situation
Author: Zheng Rongdi
2020-06-23 14:43
Date of last update: 2020-06-23 14:43Chief Executive Lin Zheng Yuee met reporters before attending the Executive Council today (23rd) to respond to the main content of the "National Security Act of the Minato City", emphasizing that the list of judges appointed by the chief executive will not affect judicial independence, referring to full-time judges in some special courts in Hong Kong, such as the Land Tribunal, In the Labor Tribunal, etc., judges are appointed by the Chief Executive. For some people who say this is "unheard of," she criticizes it as "insolent."
Tu Jin, a member of the Democratic Legislative Council who is a lawyer, rebuked Lin Zheng for "speaking big words", saying that the courts that did not hear criminal cases in Hong Kong were specially appointed by the chief executive to criticize the National Security Law for turning Hong Kong courts into "one court, two systems" Some cases are tried by the CCP through judges appointed by the puppet chief.
Before attending the conference, Lin Zheng responded to the issue of the Chief Executive's designation of judges. (Photo by Zheng Zifeng)
Tu Jinshen criticized that the central government has not yet published the draft provisions of the "National Security Act of the Minato District", which is not as good as the military government of the third world, which has caused China's opening up and reforms to go back decades. He pointed out that even if the Mainland legislation is passed, the process of consultation and third reading will be "when Hong Kong people are cheaper than the mud".
The South China Morning Post quoted news reports that the suspects involved in the Guoan case would be detained in a special detention center. Tu Jinshen questioned that the British Hong Kong government was criticized by the international community for violating human rights and persecuting communists. History is repeating itself, and the CCP persecuted young people in Hong Kong in the same way.
Explanation of the "Law of the People's Republic of China on the Maintenance of National Security (Draft)":
(5) Clearly stipulate case jurisdiction, law application and procedures. (1) Except in certain circumstances, the Hong Kong Special Administrative Region shall exercise jurisdiction over criminal cases provided for in this Law. (2) This law and the local laws of the Hong Kong Special Administrative Region shall apply to the procedural matters such as the investigation, prosecution, trial and execution of penalties for crimes against national security under the jurisdiction of the Hong Kong Special Administrative Region. The trial of crimes against national security under the jurisdiction of the Hong Kong Special Administrative Region shall be conducted in accordance with public prosecution procedures. (3) When the Hong Kong Special Administrative Region Police Service maintains the national security department to handle crimes against the national security, it can take various measures approved by the current laws of the Hong Kong Special Administrative Region to grant the police and other law enforcement agencies to investigate serious crimes, as well as the relevant provisions of this law Powers and measures. (4) The Chief Executive of the Hong Kong Special Administrative Region shall appoint a number of judges from the current or qualified former magistrates, district court judges, 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. The judges appointed by the committee are responsible for handling crimes that endanger national security.
Guoan Law｜Lin Zheng: The Judiciary is responsible for assigning cases to the Chief Executive appointed judges without prejudice to judicial independence
Hong Kong version of the National Security Law｜Li Guoneng: Chief Executive appointed judges, the central government has jurisdiction to undermine judicial independence
Hong Kong version of National Security Law | Lin Zheng Yue'e: The legal basis is clear and unambiguous
Hong Kong version of Guoan Falin Zheng Yue'e Tu Jinshen