Hong Kong version of the National Security Law | Lin Zheng: The legal basis is clear and there is no vague question　　

Political situation

Written by: Lin Jian

2020-06-23 09:31

Chief Executive Lin Zhengyue met reporters today (23rd) before attending the executive meeting. The draft of the Minato City National Security Law was published last Saturday (20th), which mentioned that the Chief Executive may appoint a number of judges to hear the case, which has aroused public concern and is expected to continue to be the focus.

Chief Executive Lin Zhengyue met with reporters before attending the Executive Council today. He solemnly refuted the statement that the Chief Executive appointed a judge to undermine judicial independence. (Photo by Zheng Zifeng)

[10:19] A reporter asked Li Guoneng, the former chief judge of the Court of Final Appeal, pointed out that the appointment of several judges by the chief executive to try Guoan cases may affect judicial independence. In the future, will the chief executive only designate based on the recommendations of the chief judge and judicial personnel recommendation committee List of judges. Lin Zheng pointed out that personally respect Judge Li Guoneng very much, but one thing is very important. The Chief Executive is not only the head of the executive, but has a dual identity. He is both the chief of the executive and the head of the SAR. The Basic Law is clearly written. Of course, if the law stipulates that when a judge deals with a certain matter, the special capital will consult with the chief judge. The chief judge has its role. She thinks this is a matter of course, because the Chief Executive will not know all judges, so the actual implementation will be implemented in the future. The Chief Judge will definitely be consulted.

As for reports that the time limit for detention by law enforcement agencies may be extended after the implementation of the National Security Law, Lin Zhengzhi can only comment on what you see. The above statement did not appear in the draft description and cannot be commented on.

Regarding the issue of the need to sign a confirmation letter for election, Lin Zheng pointed out that the current Legislative Council members must also take an oath when they take office, and they cannot see any additional requirements. As for the Standing Committee of the National People’s Congress, Tan Yaozong said yesterday that the draft established the confirmation system, Lin Zheng only said: "The Standing Committee of the Drainage Department may know a little more

[10:12] The reporter asked whether many judges are currently expressing their personal political positions when handling anti-revision cases, whether they will become one of the conditions for the chief executive to consider whether to designate him to hear national security law cases. Lin Zhengyue responded that he did not comment on the judge’s ruling and remarks, emphasized respect for every judge who entered the judicial organ of Hong Kong, and appealed to the public not to insult or maliciously criticize the judge against the ruling.

She did not name the criticism of the social welfare industry's publication of support for Liu Jiadong, a social worker sentenced to imprisonment for improper office work. It also pointed out that the ruling can only be based on law and evidence, and there is no malicious or good faith.

It is reported that after the National Security Law is passed, a Beijing official will come to Hong Kong to explain the provisions. Lin Zheng said that he has not received the notice for the time being, but since the National Security Law is a national law, the most authoritative interpretation is naturally the central officials, especially the experts of the Legal Work Committee of the National People's Congress.

As to whether the upper limit of the number of people gathered in public places for groups of 50 will be a chance to relax before July 1st, she reiterated that the limitation of orders will be valid until July 2nd.

Guaranteed employment assistance or over 81 billion

[10:07] Lin Zheng also mentioned the employment protection plan, but his "copper-core mask" was once loose. She said, "Today's mask is numb, and I don't know a little bit. I may wash it too much and loose it."

She pointed out that the third batch of plans has been approved today, and wage subsidies will be issued this week. There are 30,046 employers in this batch, involving 345,499 employees, and the amount is about 7.76 billion yuan. Among the employers applying, 97% have fewer than 50 employees.

In the current subtotal, a total of 3 wholesale loans, 89,474 employers’ applications were approved, accounting for 53% of the total applications, and 836,285 protected employees, involving a total subsidy of 19.1 billion yuan. With regard to self-employed persons, the Government has approved a subsidy of $560 million to 73,457 self-employed persons.

Lin Zheng pointed out that, according to the current situation, the final funding may be very close to or even exceed the government's initial estimate of 81 billion yuan, but this is not a problem, because the government has to undertake the plan.

Have not received the notice of Beijing officials coming to Hong Kong

[10:09] The reporter asked whether many judges are currently expressing their personal political positions when handling anti-amendment cases, whether they will become one of the conditions for the chief executive to consider whether to designate him to hear national security law cases. Lin Zhengyue responded that he did not comment on the judge’s ruling and remarks, emphasized respect for every judge who entered the judicial organ of Hong Kong, and appealed to the public not to insult or maliciously criticize the judge against the ruling.

She did not name the criticism of the social welfare industry's publication of support for Liu Jiadong, a social worker sentenced to imprisonment for improper office work. It also pointed out that the ruling can only be based on law and evidence, and there is no malicious or good faith.

It is reported that after the National Security Law is passed, a Beijing official will come to Hong Kong to explain the provisions. Lin Zheng said that he has not received the notice for the time being, but since the National Security Law is a national law, the most authoritative interpretation is naturally the central officials, especially the experts of the Legal Work Committee of the National People's Congress.

As to whether the upper limit of the number of people gathered in public places for groups of 50 will be a chance to relax before July 1st, she reiterated that the limitation of orders will be valid until July 2nd.

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.

Chief Executive appoints judge to undermine judicial independence Lin Zhengyan refutes

[09:54] Regarding the appointment of a chief executive by a judge, Lin Zheng pointed out that judicial independence is an important part of the rule of law. She respects the judiciary very much and will cooperate and support it fully without affecting the judiciary. Articles 80 to 96 of the Basic Law refer to the judiciary. She cannot see the contents of the draft. Which article would violate the Basic Law. For example, she pointed out that some people mentioned the restrictions on the nationality of judges earlier, but this announcement did not touch them. She is convinced that this is the central government’s high respect and full trust in the judicial system of Hong Kong.

Lin Zheng pointed out that the so-called "designation of several judges" does not appoint a judge to try a designated case, but a list. There are multiple judges at all levels of the court to choose from. As for how to assign a case, the judiciary is responsible. Moreover, currently Article 48 of the Basic Law has stated that judges at all levels are appointed by the Chief Executive, and the current Chief Executive will also appoint judges on the nomination of the Judicial Officers Recommendation Committee. She pointed out that the judges who tried the National Security Law were also judges from these procedures, "not just looking for individuals on the street", but judges serving in courts at all levels, and will not affect this procedure in the future, and society cannot obliterate the final power of appointment It's all in the Chief Executive.

Lin Zheng also pointed out that he was very pleased that the Legislative Council passed the appointment of Judge Zhang Juneng as the Chief Judge of the Court of Final Appeal next year. He is currently in the process of submitting it to the Standing Committee of the National People's Congress for the record and will officially enter the appointment process later. But she pointed out that, unfortunately, there were a lot of objections and abstentions in the debate vote, criticizing this as unnecessarily politicizing the appointment of judges and disrespecting the judiciary.

Lin Zheng also pointed out that the selection of judges is based on the judicial and professional abilities of the judges themselves, and will not change these status quo. She also pointed out that it is not uncommon in Hong Kong and other regions to designate judges to do certain types of cases. For example, the Secretary of Justice yesterday pointed out that commercial arbitration cases have a predetermined list of judges; special courts are set up for certain types of cases, and the judges of the cases are also appointed by the chief executive. Therefore, some people say that this practice is "unheard of," but that it is actually "insolent." She pointed out that she had just appointed Judge Xia Zhengmin again yesterday as chairman of the Market Misconduct Tribunal.

Lin Zheng said that the National Security Law is a national law that punishes acts and activities that endanger national security, and the commercial issues that were mentioned earlier are more important. She pointed out that she is full of confidence in the judicial system and has a high degree of confidence in every judge who enters the judicial system. Every judge must take an oath when he takes office, clearly stating that he will perform his duties without fear, fear, bias, selflessness or deception.

[09:46] Chief Executive Lin Zhengyue said that last week the National People’s Congress Standing Committee conducted a preliminary review of the "National Security Act of the Port Area", and "Xinhua News Agency" also published a summary of the "Draft", which will help to remove a lot of outsiders in the past month. Doubts and concerns.

Regarding the outside world questioning whether this legislative work complies with "One Country, Two Systems" and the Basic Law, Lin Zhengyue emphasized that safeguarding national sovereignty and territorial integrity is a common obligation of all Chinese, including Hong Kong citizens. From this perspective, it has not violated "One Country, Two Systems" The principle and the content of the Basic Law also emphasize that if "one country" is damaged, the "two systems" will also lose a solid foundation, questioning if someone thinks that legislation undermines "one country, two systems", it may never put "one country" in the eye .

Lin Zhengyue also pointed out that the conclusion of the "National Security Law of the Port Area" is in conformity with the Constitution and also guarantees the freedom of Hong Kong residents in accordance with the law. The draft also contains the concept of common law, including the assumption of innocence, the defendant’s right to defend, and the double trial for one crime. She pointed out that although there is no clear statement as to whether the draft has a retrospective period, there are also legal concepts that have not been investigated in the Mainland. She emphasized that the legal basis is clear and there is absolutely no ambiguity.

Regarding citizens’ concerns about whether they will legally enjoy their freedom and whether their rights are guaranteed, Lin Zheng reiterated that the “Minato City National Security Law” mainly attacks those involved in four categories of serious national security.

Hong Kong version of the National Security Law | Lin Zheng agreed to set up the National Security Commission Police Department and other full-time department preparations

Hong Kong version of National Security Law｜Lin Zheng: Legislative matters are imperative and there should be no room for loss

The government will promote the inclusion of ETF in Shenzhen-Hong Kong Stock Connect Lin Zheng: will seize the development opportunities in the same district

Lin Zhengyue's Hong Kong version of the National Security Act at home