Political situation
Written by: Peng Zhuowei
2020-09-23 15:06
Last update date: 2020-09-23 15:06
The National Security Law of the Port Area was formally gazetted and took effect on June 30. The Legislative Council Security Affairs Committee, Constitutional Affairs Committee and Judicial and Legal Affairs Committee held joint meetings in early July to discuss related matters.
In its reply to the letter from Members today (23), the Security Bureau pointed out that whether certain slogans would violate the National Security Law depends on the facts and circumstances of the case, and emphasized that freedom of speech and expression is protected by law in Hong Kong.
However, these freedoms are not absolute. If the exercise of freedom involves illegal activities, it goes beyond the boundaries of legal protection and can be punished by law.
In its reply, the Security Bureau emphasized that the rights and freedoms of speech, news, association, assembly, procession, demonstration, departure, and privacy are not absolute, but can be restricted by law for reasons such as national security and public order.
The court will understand the relevant provisions of the National Security Law
The Security Bureau stated that the courts will understand the relevant provisions of the National Security Law when trying relevant cases, which is the same as dealing with the Basic Law, the Chinese Nationality Law and other national laws listed in Annex III of the Basic Law.
When applying the provisions of the National Security Law, the court will consider the legislative purpose of the law, the above and the following, and refer to other relevant information.
When understanding the meaning of the term "national security" in the National Security Law, one must consider the legislative purposes listed in the General Provisions of Chapter 1 of the law and the relevant decisions of the National People's Congress.
In its reply, the Security Bureau emphasized that the rights and freedoms of speech, news, association, assembly, procession, demonstration, departure, and privacy are not absolute, but can be restricted by law for reasons such as national security and public order.
Violators of national security laws will always lose their qualifications
Regarding the question of eligibility for election, the Security Bureau pointed out that Article 35 of the National Security Law stipulates that anyone who has been convicted of a crime against national security by the court shall lose his participation as a candidate in the legislative council or district council elections held in the Hong Kong SAR Any public office in the Hong Kong Special Administrative Region or the qualifications of a member of the Chief Executive’s Election Committee.
The provision does not set a time limit for the disqualification of convicted criminals, which can be understood as permanent disqualification.
The Bureau has also taken action again. Section 39(1)(c) of the existing Legislative Council Ordinance (Chapter 542) also stipulates that a person who has been convicted of treason shall be disqualified from being nominated as a candidate in the election, and Eligibility to be elected as a member.
The Security Bureau emphasized that Article 14 paragraph 2 of the National Security Law stipulates that decisions made by the National Security Commission of the Hong Kong Special Administrative Region shall not be subject to judicial review.
As to whether the actions of the agencies or personnel implementing the relevant decisions are also subject to judicial review, it depends on the facts and circumstances of the relevant case.
Law enforcement officers' decision to implement the National Security Law may be subject to judicial review
Regarding the issue of police officers performing their duties under the National Security Law, the Security Bureau stated that police officers perform their duties in accordance with the law.
Article 43 of the National Security Law stipulates the measures that the police department can take when handling crimes that endanger national security, including the seven listed measures. The Chief Executive in conjunction with the National Security Commission of the Hong Kong Special Administrative Region has formulated relevant implementation measures. Rules.
These implementing rules have legal effect and are part of the laws of Hong Kong. Law enforcement officers must exercise the powers granted in accordance with the rules and their decisions are subject to judicial review.
The bureau emphasized that if citizens find improper behavior by police officers or have opinions about the behavior of police officers, they can lodge a complaint with the CAPO according to the existing mechanism, and citizens can also seek legal advice based on their individual circumstances.
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Hong Kong version of the National Security Law
