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Written by: Chen Qianting
2020-07-01 10:06
Date of last update: 2020-07-01 10:10On the eve of the 23rd anniversary of the return of Hong Kong, the Hong Kong version of the National Security Law was gazetted last night (June 30) and came into effect immediately. Executive Council member and senior counsel Tang Jiahua said today (1st) that the provisions are "spicy and not spicy." It means that many chapters are aimed at "organization, planning, implementation". He believes that participants in the march will not be a type of "implementation".
It is also illegal for the provisions of the crime of subverting state power to state that "seriously interfere with, obstruct, or destroy the central authority of the People's Republic of China or the authority of the Hong Kong Special Administrative Region in accordance with law". Tang Jiahua believes that the "rab" of the Legislative Council depends on whether it is "serious interference", and it is illegal to affect the operation of the parliament for a long time, but he admits that the court still needs to clarify what is the political organ.
Member of the Executive Council and senior counsel Tang Jiahua. (Profile picture)
When accepting the Hong Kong and Taiwan program "Millennium", Tang Jiahua talked about his views on the Hong Kong version of the National Security Law. He pointed out that the provisions are "spicy and not spicy." If the four serious crimes are only participatory, the penalty can be "go to a very low level." "The other "spicy" provisions are mainly aimed at those who "organize, plan, and implement", and the coverage is transferred from individuals to organizations. He refers to the belief that scholars discussing independent issues and writing articles are not "organization, planning, and implementation." The participation in ordinary parades is not limited to this, but the sponsors of the parade may be illegal.
The provisions on the crime of subverting state power stated that "seriously disrupting, obstructing, or destroying the central government organ of the People's Republic of China or the government organ of the Hong Kong Special Administrative Region to perform functions in accordance with law" is illegal.
Asked whether the "rab" of the Legislative Council is restricted, Tang Jiahua believes that it is not necessarily "serious interference". It takes a long time to affect the operation of the parliament before it is illegal. As for whether it is illegal for a committee to fail to elect a chairman for a long time, he pointed out that it may be Obstruction, but admits that it is still up to the court to clarify what is meant by the regime, and that it needs to wait for the court to operate for a period of time and establish a case under common law to make the execution more clear.
Surprised that the judicial review is not tolerated
The Ordinance also states that "The decision made by the Hong Kong Special Administrative Region Commission for the Safeguarding of National Security is not subject to judicial review." Tang Jiahua bluntly expressed a little surprise and agreed to lose the space for review, but emphasized that the original judicial review was also limited and could only be reviewed. The legality of the decision, whether it complies with legal procedures, etc.
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Hong Kong version of Guo'an Law Tang Jiahua
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