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Hong Kong version of the National Security Law | Bar Association Ye Qiaoqi: the provisions are not defined, the status of the Hong Kong Public Office is aloof

2020-07-02T12:35:03.331Z


The Hong Kong version of the National Security Law was gazetted and came into effect last night (June 30). Ye Qiaoqi, vice chairman of the Bar Association, believes that the provisions on the four crimes listed in the law are very loose and extensive, and have never defined "what is national security." It is unclear whether the Hong Kong courts can use the Basic Law to interpret. The article stipulates that the National Security Office in Hong Kong must abide by the laws of Hong Kong, but it is not subject to the jurisdiction of Hong Kong when performing its duties. She also said bluntly that Hong Kong has never tried an institution with such great powers to exercise the power of arrest and law enforcement, but it is not subject to the jurisdiction of the Hong Kong government. While having a transcendent status, it can imply Hong Kong people’s personal safety and freedom. She believes that various concerns are not excessive. .


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Written by: Chen Qianting

2020-07-01 10:21

Last update date: 2020-07-01 10:21

The Hong Kong version of the National Security Law was gazetted and came into effect last night (June 30). Ye Qiaoqi, vice chairman of the Bar Association, believes that the provisions on the four crimes listed in the law are very loose and extensive, and have never defined "what is national security." It is unclear whether the Hong Kong courts can use the Basic Law to interpret.

The article stipulates that the National Security Office in Hong Kong must abide by the laws of Hong Kong, but it is not subject to the jurisdiction of Hong Kong when performing its duties. She also said bluntly that Hong Kong has never tried an institution with such great powers to exercise the power of arrest and law enforcement, but it is not subject to the jurisdiction of the Hong Kong government. While having a transcendent status, it can imply Hong Kong people’s personal safety and freedom. She believes that various concerns are not excessive. .

At 11 pm on June 30, 2020, the Minato District National Security Law was officially implemented. (Profile picture / Photo by Zeng Ziyang)

In an interview with the Hong Kong and Taiwan program "Millennium", Ye Qiaoqi said today (1st) that the provisions of the National Security Law cover a wide range and are loose, and there is no definition of what even means "national security".

She listed them one by one, listed in Article 20 under the Crime of Separatism, even if they used force or not, they could be convicted, and the provisions were broad; the crime of subverting state power was also the same, "the threat of using force or other illegal means aims to subvert the state power. "One of the acts is a crime", which covers any illegal means. She asked, "Huangdian sends food and drinks, does not count as subsidies?" As for the chapter colluding with foreign powers, she believes that Hong Kong is an international city and has always been a foreign country. There is a close connection, fearing that the regulations will limit normal communication.

Hong Kong court's power of interpretation is unknown

Ye Qiaoqi pointed out that the National Security Law is a national law, and it is unknown whether Hong Kong courts can interpret it according to the Basic Law, because Article 65 states that the final interpretation power lies in the NPC Standing Committee, and it must not be in Hong Kong courts. The judge who hears relevant cases needs to be appointed by the chief executive, without consulting the chief judge of the Court of Final Appeal. She thinks the provision is worrying.

Hong Kong will set up a national security committee, but its decisions are not subject to judicial review. Ye Qiaoqi used eavesdropping as an example. Under the current law, law enforcement agencies need to apply to the court for eavesdropping, and the court will check it. However, under the National Security Law, the national security department can intercept communications with the approval of the chief executive. Can't be challenged.

The Office of the Hong Kong Transcendence is beyond the jurisdiction of Hong Kong

She also talked about the National Security Office in Hong Kong to be established by the Central Government in accordance with the provisions. Article 60 states that the relevant personnel are not subject to the jurisdiction of Hong Kong. Although they must abide by the laws of Hong Kong when performing their duties, if the two laws are in conflict, basically the personnel are not subject to Hong Kong law governs. She continued that Hong Kong has never tried an institution with such great powers to have law enforcement, arrest, search and other powers in Hong Kong, but at the same time it is not subject to Hong Kong’s jurisdiction. Personal safety and freedom have an impact.

Ye Qiaoqi, vice chairman of the Bar Association. (Profile picture / Photograph by Gao Zhongming)

[Hong Kong version of National Security Law. Live Broadcast] The State Council’s Press Conference introduces the relevant situation of the National Security Law

Hong Kong version of the National Security Law|Chen Hongyi: The central government has set a bottom line for one country, two systems

Hong Kong version of the National Security Law|Nie Dequan: Legislation can consolidate one country, two systems, and civil servants unanimously support the chief executive

Hong Kong version of the National Security Law|Police Department: Responsible for maintaining national security will resolutely enforce the law

Hong Kong version of the National Security Law Association

Source: hk1

All news articles on 2020-07-02

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