National Security Law｜Chen Hongyi: Problems with the implementation of one country, two systems doubt whether the National Security Law can prescribe the right medicine　

Political situation

Written by: Zhai Ruimin

2020-09-14 11:27

Last update date: 2020-09-14 11:29

A number of scholars from Renmin University of China, Peking University, City University and representatives of the local legal profession held an online seminar last Friday (11th) to discuss the impact of the "National Security Law" on "One Country, Two Systems" and the governance of the SAR, and human rights protection Wait for discussion.

Hongyi Chen, a professor at the Faculty of Law of the University of Hong Kong and a member of the Basic Law Committee, said at the meeting that the implementation of "One Country, Two Systems" has indeed deviated from the original preset track. He expressed doubts about whether the National Security Law can prescribe the right medicine, and believes that the policy may not necessarily solve the problem. problem.

The "Minato National Security Law" was passed and implemented on June 30 this year, and the National Security Service of the Police Force was established the next day (July 1).

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The seminar was hosted by Renmin University of China's "One Country, Two Systems" Law Institute, City University of Hong Kong Public Law and Human Rights Forum, etc. The Basic Law Committee member Han Dayuan, and City University Law School Dean Chen Qinghan attended.

The law journal "China Law Review" quoted Chen Hongyi at the meeting as saying that Hong Kong has experienced economic downturn and the instability of Occupy Central and the anti-regulation movement. The fundamental reason is that citizens are dissatisfied with the performance of the SAR government; and the social movement since last year It is the emotional outburst accumulated by many problems, and it also reflects the Hong Kong people's desire for democracy, but there is a contradiction between these requirements and the limits set by the central government for democracy in Hong Kong.

Chen Hongyi doubts whether the "National Security Law" can prescribe the right remedy, saying that policies may not solve the problem. In the future, he will face the difficulties of how the court handles "National Security Law" cases and how to apply human rights standards; even if it is not the "National Security Law" The criminal cases mentioned above also have conflicting human rights issues.

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Associate Professor Chen Xuan of Renmin University compared the "National Security Law" with the Mainland Criminal Law and pointed out that the "Crimes of Subversion of State Power" in the Mainland is usually understood to be the use of violence and other illegal means to destroy the state power and the socialist system; from the current case, it can be seen that, The defendants were all involved in joining specific organizations with the goal of overthrowing the current regime, and formed a relatively complete set of plans and strategies for subversive activities.

In addition, he cited a number of cases in the Mainland, saying that if he vents his anger on the basis of judicial or administrative injustice and other reasons, he publishes fierce words on the Internet, instead of linking up with organizations whose purpose is to subvert the country, and there is no evidence that his words have subversive intentions. The courts are often more cautious and tend to think that it does not constitute "the crime of inciting subversion of state power."

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Chen Hongyi pointed out that Hong Kong has experienced economic downturn and instability such as the Occupy Central and Anti-Revision Movement. The fundamental reason is that the citizens are dissatisfied with the performance of the SAR government.

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Hongyi Chen Hongyi (Legal)