Political situation
Author: Peng Zhuowei Zhou Lixi
2020-06-30 23:14
Last update date: 2020-06-30 23:14The Hong Kong version of the National Security Law was passed by the Standing Committee of the National People’s Congress today (30th). The outside world is concerned that the central government can make it have special jurisdiction under three specific circumstances, but what is meant by a "specific situation" has not been elaborated before. The relevant content is now Finally exposed.
The National People's Congress adopted a decision earlier to allow the Standing Committee of the National People's Congress to formulate the Hong Kong version of the National Security Law. (Reuters)
The Hong Kong Government gazetted late at night, marking the implementation of the National Security Law, and the provisions were also made public for the first time. The article stipulates that the central government can exercise jurisdiction under three specific circumstances and will be tried by a mainland court.
Section 55 of the bill states that if the case involves:
1. In complex situations involving foreign or foreign forces, the jurisdiction of the Hong Kong Special Administrative Region is difficult;
2. There is a serious situation that the Hong Kong Special Administrative Region Government cannot effectively implement this law;
3. A situation where national security faces a major real threat.
If the above situation occurs, it shall be submitted by the Government of the Hong Kong Special Administrative Region or the National Security Agency stationed in the Hong Kong Special Administrative Region and reported to the Central People’s Government for approval. The Office of the National Security Agency stationed in the Hong Kong Special Administrative Region shall exercise jurisdiction over crimes against national security under this Law.
The National Security Office filed a case to investigate a designated court in the Mainland for trial in accordance with the laws of the Mainland
Article 56 stipulates that the above-mentioned case shall be filed for investigation by the National Security Agency in the Hong Kong Special Administrative Region. The Supreme People’s Procuratorate shall designate relevant procuratorial organs to exercise procuratorial powers, and the Supreme People’s Court shall designate relevant courts to exercise judicial powers. The legal documents issued by these agencies to take enforcement measures, investigative measures, and judicial decisions have legal force in the Hong Kong Special Administrative Region. Relevant agencies, organizations and individuals must comply with the measures taken by the Office of the National Security Agency in the Hong Kong Special Administrative Region in accordance with law.
Article 57 stipulates that the prosecution, investigation, prosecution, trial and execution of penalties in these cases shall be governed by the relevant laws of the People’s Republic of China Criminal Procedure Law.
Article 58 stipulates that the suspects in the above-mentioned cases shall have the right to entrust a lawyer as the defender from the date of the first interrogation of the National Security Agency in the Hong Kong Special Administrative Region or the adoption of compulsory measures. Defense lawyers can provide legal assistance to criminal suspects and defendants according to law. After the criminal suspect and defendant have been lawfully arrested, they have the right to receive a fair trial from the judicial organ as soon as possible.
Article 60 provides that the Office of the National Security Agency and its personnel stationed in the Hong Kong Special Administrative Region performing their duties in accordance with this Law shall not be subject to the jurisdiction of the Hong Kong Special Administrative Region. Personnel and vehicles holding certificates or certification documents issued by the National Security Agency in the Hong Kong Special Administrative Region shall not be inspected, searched and detained by law enforcement officers of the Hong Kong Special Administrative Region while performing their duties.
The National Security Agency and its personnel stationed in the Hong Kong Special Administrative Region shall enjoy other rights and immunities provided for by the laws of the Hong Kong Special Administrative Region.
The National Security Law of the National People's Congress Law Committee stated earlier that "The National Security Agency in Hong Kong and relevant state agencies exercise jurisdiction over a very small number of crimes that endanger national security under certain circumstances, which is an important manifestation of the central government's comprehensive governance power. It is conducive to supporting and strengthening the law enforcement and judicial work of the Hong Kong Special Administrative Region in safeguarding national security, and it is conducive to avoiding the possibility of causing or leading to a state of emergency provided for in Article 18, paragraph 4, of the Basic Law of the Hong Kong Special Administrative Region."
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Article 18 refers to the implementation of national laws when the central government declares a state of war in Hong Kong or a national security crisis that cannot be controlled
The fourth paragraph of Article 18 of the Basic Law mentions, "The Standing Committee of the National People's Congress decides to declare a state of war or a state of emergency that is beyond the control of the Hong Kong Special Administrative Region and endangers the unification or security of the country and decides that the Hong Kong Special Administrative Region shall enter a state of emergency. The Central People's Government may issue an order to implement relevant national laws in the Hong Kong Special Administrative Region."
According to the meaning of the Legal Work Committee, that special jurisdiction is conducive to avoiding wars in Hong Kong or incidents that endanger the state that the Hong Kong government cannot handle on its own, so that the central government needs to issue a state of emergency for direct implementation of national laws in Hong Kong.
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