Political situation
Written by: Tao Jiaxin
2020-06-23 09:37
Date of last update: 2020-06-23 09:41The legislation of the National Security Law of the Minato District is imminent. Li Guoneng, the former chief judge of the Court of Final Appeal, issued a statement in the newspaper referring to the explanations of the Legal Work Committee of the National People’s Congress. It would undermine judicial independence, emphasizing that the Chief Executive is not suitable for choosing judges on his own. He also pointed out that it is unfortunate that the provisions of the "Draft" have not been published so far.
Li Guoneng was the first chief judge of the Court of Final Appeal after the return. (Profile picture / Photograph by Lin Zhendong)
It is unfortunate that the provisions have not been published so far
After the reunification, the first chief judge of the Court of Final Appeal, Li Guoneng, issued a statement in Ming Pao and South China Morning Post. He pointed out that the draft "Law of the People's Republic of China on the Maintenance of National Security" has not yet been published, which is unfortunate.
The Legal Affairs Commission briefing has no retrospective effect on Hong Kong’s legal principles
But he said that it is worth noting that the "Note" of the Legal Work Committee of the Standing Committee of the National People's Congress said it would follow Hong Kong's legal principles, including the assumption of innocence. The Note also does not suggest that the law has retrospective effect.
Li Guoneng was the first chief judge of the Court of Final Appeal after the return. (Profile picture / Photograph by Huang Guoli)
Li Guo hopes to comment on two issues affecting the judicial system. That is, the Chief Executive designates a "judge pool" and the central authority exercises jurisdiction over a very small number of crimes that endanger national security.
The first chairman of the National Security Council should not appoint a judge
Li Guoneng believes that the Chief Executive is not suitable for choosing judges on his own. The "Note" states that the Chief Executive has the power to appoint a number of judges to try cases involving endangering national security, which Li Guoneng believes will jeopardize judicial independence.
He pointed out that under the Basic Law, the Chief Executive appointed judges on the recommendation of an independent committee, the Judicial Officers Recommendation Committee. The selection of judges is based on their judicial and professional skills. Judges will exercise judicial power independently without any interference. The judiciary is independent of the executive. It is up to the independent judiciary to decide the judges who will hear these cases without interference from the administrative organs.
Li Guoneng believes that the Chief Executive alone will lack the experience and expertise of the judges that he needs to know when selecting judges, and as the chairman of the "National Security Council" to be established in Hong Kong, the Chief Executive is not suitable for selecting designated judges alone.
If you insist that the first-selected judge must be based on the recommendation of the chief judge or judicial officer recommendation committee
Li Guoneng believes that if the above views are not accepted, the future arrangement should be at least that the Chief Executive must select these judges based on the recommendations of the Chief Judge or the Judicial Officers Recommendation Committee, which can ensure that the selection is based on a professional and independent basis.
Defendants cannot enjoy Hong Kong judicial process protection and undermine the Basic Law
The "Description" of the NPC Law Union states that under certain circumstances, the central agency may exercise jurisdiction over a very small number of criminal cases that endanger national security. Li Guoneng believes that this has also caused great concern.
When exercising jurisdiction, these cases will be handled and tried in the Mainland. The defendant in the case cannot enjoy the protection of the judicial process in Hong Kong. Although this jurisdiction will only be exercised in the most exceptional circumstances, it will still undermine the independent judicial power authorized by the Hong Kong courts under the Basic Law.
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