Political situation
Written by: Lin Jian
2020-06-23 12:22
Date of last update: 2020-06-23 12:22The draft of the National Security Law of the Minato District was published last Saturday (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.
Ye Qiaoqi, vice chairman of the Bar Association, said today (23rd) that the Chief Executive can only appoint judges on the recommendation of the Judicial Officers Recommendation Committee. He has never had the right to appoint a list of judges. He thinks there are still concerns. Tian Beichen, a deputy to the National People’s Congress and a member of the Legislative Council, pointed out that the legislation should clearly set out the objective basis for the Chief Executive to appoint judges to convince the Hong Kong people.
Ye Qiaoqi. (Profile picture)
Ye Qiaoqi: The chief executive never had the right to specify a list
Ye Qiaoqi pointed out that the draft note mentions that the chief executive can appoint judges from temporary committees or special commission judges to handle national security cases. The appointment of a list of judges by the chief executive is a sort of screening, so there are still concerns.
She pointed out that someone quoted the "Eavesdropping Regulations" to mention that the chief executive can designate a list of judges, but in fact that is the chief executive appointed judges according to the recommendation of the chief judge, the chief executive has never been entitled to designate the list. Ye Qiaoqi believes that in the future, as the chairman of the National Security Council, the Chief Executive will maintain judicial independence and, on the other hand, be subject to central supervision and accountability. If he has the power to appoint a judge, there will obviously be a conflict of roles. She agreed with the suggestion of the former Chief Justice Li Guoneng and added provisions in the regulations to require the chief executive to appoint judges based on the recommendation of the Judicial Officers Recommendation Committee.
Tian Beichen pointed out that the legislation needs to clearly state the objective basis for the Chief Executive to appoint judges to convince the people of Hong Kong. He said that there have been recent claims that the National Security Law may not have a jury, and it is extremely undesirable if the jury is not established, because the penalties for crimes of the National Security Law are generally not light, and the current high penalty cases are mostly tried in the High Court It is normal to have a jury. Tian Beichen pointed out that the jury will have its own views, which can balance the society's perception of the chief executive's choice of judges.
Tian Beichen also pointed out that the law should clearly state the principles and scope of the jurisdiction exercised by the central government under certain circumstances. If it involves the transfer of suspects to the Mainland for trial, he recommends that the local courts first agree to improve public perception.
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 the National Security Law｜The Chief Executive appointed a judge to undermine judicial independence
Hong Kong version of the National Security Law Association Beichen Bar Association