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Hong Kong version of the National Security Law|Chen Hongyi: Combining the two legal systems as a model role Chen Wenmin approves of space abuse

2020-07-04T18:55:24.388Z


Several days after the introduction of the National Security Law of the Port District, the controversy continued. Chen Hongyi, a member of the Basic Law Committee and a professor of the Law School of the University of Hong Kong, today (4th) pointed out that the source of the criminal law of the National Security Law for four types of criminal acts is partly from China. The Criminal Law also has some innovative regulations from Hong Kong, which have played a special role in trying to combine civil law and common law. Chen Wenmin, a professor at the Law School of the University of Hong Kong, pointed out that the National Security Law involves a lot of ambiguous powers that give law enforcers room for abuse of power; he agrees that the country has legal rights to protect national security, but it is not an arbitrary and authoritarian rule, and emphasizes the most important aspects of national security A good guarantee is that the government wins the trust and respect of the people, and intimidation and suppression will only be counterproductive.


Political situation

Author: Zhai Ruimin

2020-07-04 18:19

Last update date: 2020-07-04 18:19

Several days after the introduction of the National Security Law of the Port District, the controversy continued. Chen Hongyi, a member of the Basic Law Committee and a professor of the Law School of the University of Hong Kong, today (4th) pointed out that the source of the criminal law of the National Security Law for four types of criminal acts is partly from China. The Criminal Law also has some innovative regulations from Hong Kong, which have played a special role in trying to combine civil law and common law.

Chen Wenmin, a professor at the Law School of the University of Hong Kong, pointed out that the National Security Law involves a lot of ambiguous powers that give law enforcers room for abuse of power; he agrees that the country has legal rights to protect national security, but it is not an arbitrary and authoritarian rule, and emphasizes the most important aspects of national security A good guarantee is that the government wins the trust and respect of the people, and intimidation and suppression will only be counterproductive.

Chen Hongyi pointed out today (4th) that the National Security Law has played a special role in trying to combine civil law and common law. (Profile picture)

Chen Hongyi said that the words "organize, plan, implement" to divide or subvert the country come from China's "Criminal Law", which shows that the National Security Law, as a national law, must comply with an applicable standard; and the words "assistant abetment" come from Hong Kong The provisions on the crime of terrorist activities are also similar to the "United Nations (Anti-Terrorism Measures) Regulations" in the Basic Law.

In addition, some of the crimes of subversion were obviously directed against the anti-registration movement last year, such as "seriously interfering, obstructing, and destroying the performance of functions of the political power", which was aimed at the fact that the Legislative Council was surrounded by tens of thousands of people last year, which prevented the members from meeting ; "Attacking and destroying places of political power" is aimed at demonstrators attacking the Legislative Council. However, Chen Hongyi emphasized that the law does not have retrospective power, and it cannot sue the past incidents.

Chen Wenmin emphasized that the best guarantee for national security is that the government wins the trust and respect of the people, and intimidation and suppression will only be counterproductive. (Profile picture)

Chen Wenmin: Some provisions violate the presumption of innocence

Regarding the government's continuous accusation that national security belongs to the central authority, and there is no country that does not allow legislation for national security, but Chen Wenmin pointed out that the national security law applies to Hong Kong, and it should be carried out under the premise of protecting the common law and "one country, two systems". Behavior and how to enforce the law; the power of the government is granted by law, and measures should be set up to prevent government agencies from becoming too powerful.

Chen Wenmin believes that the National Security Law has content that conflicts with the common law. For example, according to Article 42, "After a suspect is arrested, he cannot be granted bail unless the judge has sufficient reason to believe that he will not continue to commit acts that endanger national security." The term “will not continue” has assumed that the suspect is guilty, which is contrary to the principle of the presumption of innocence; and there are many words in the National Security Law, such as “state secrets”, “national security” and “collusion of foreign forces”, which are not clearly defined.

Han Dayuan: Human rights freedom and social order equality from the perspective of the Chinese Constitution

Han Dayuan, a member of the Basic Law Committee and a professor at the School of Law of Renmin University of China, said that in the perspective of China’s Constitution, human rights, freedom and social order are equal, and it is challenging to balance the two. Under the framework of the Basic Law, common law The balance of human rights plays a unique role; since the National Security Law has come into effect, the legal text should be respected and taken seriously, and continuous improvement in practice. He also pointed out that we should not blindly be optimistic that legislation can solve all problems in Hong Kong, and do not overly pessimistically forget to bring an irreparable rule of law crisis to Hong Kong for legislation.

Hong Kong version of the National Security Law|Official media: The National Security Law is not directed against the opposition camp but will be punished for touching the red line

Hong Kong version of National Security Law|Hong Kong and Macao Office: The Central Government may continue to formulate laws on acts that endanger national security

Hong Kong version of the National Security Law|Zheng Ruohua: The meaning of the Hong Kong independence slogan has never changed.

Hong Kong version of the National Security Law | Barrister's interpretation is too broad

Hong Kong version of National Security Law Chen Hongyi (legal community) Chen Wenmin

Source: hk1

All news articles on 2020-07-04

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