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Interview | Parliament talks about "independence" without criminal immunity Liang Junyan: Members are not above the law

2020-10-15T23:07:16.679Z


The Legislative Council, which will be postponed for one year, is officially launched. Amending the electoral regulations to allow overseas voting is expected to become the main battlefield. Democrats threaten to fully counterattack. However, under the tight hood of the Hong Kong National Security Law, the space for parliamentary resistance is doubtful. Legislative Council Chairman Leung Junyan said in an interview with "Hong Kong 01" that as long as members act in accordance with the Basic Law and perform their normal duties, the National Security Law "will certainly have no impact", but if they talk about "Hong Kong independence" in the Chamber, members should be careful. Will it contradict the four crimes of the National Security Act? The protection of Members’ speeches under the Basic Law and the Legislative Council (Powers and Privileges) Ordinance may not be applicable.


Political situation

Author: Chen Jialuo Wu Zhuoan Chen Xiaoyu

2020-10-16 07:00

Last update date: 2020-10-16 07:00

The Legislative Council, which will be postponed for one year, is officially launched. Amending the electoral regulations to allow overseas voting is expected to become the main battlefield. Democrats threaten to fully counterattack. However, under the tight hood of the Hong Kong National Security Law, the space for parliamentary resistance is doubtful.

Legislative Council Chairman Leung Junyan said in an interview with "Hong Kong 01" that as long as members act in accordance with the Basic Law and perform their normal duties, the National Security Law "will certainly have no impact", but if they talk about "Hong Kong independence" in the Chamber, members should be careful. Will it contradict the four crimes of the National Security Act? The protection of Members’ speeches under the Basic Law and the Legislative Council (Powers and Privileges) Ordinance may not be applicable.

Chief Executive Carrie Lam Cheng Yuet-ngor said that allowing mainland Hong Kong people to vote is a "social demand." It is imperative to amend the election laws. However, Liang Junyan said that the text of the bill has not been received, and it is only a "rumor". No one from the government has found out about him. How much time to consider.

(Photo by Lu Yiming)

The government plans to amend the "Election Amendments" Liang Junyan points out that only "rumors": no officials "understand"  

The government plans to submit a bill to the Legislative Council next month to amend the electoral laws, allowing Hong Kong residents living in the Mainland to vote and setting up "caring teams". Democrats will prepare for the battle early. The first meeting on Wednesday has been asking for a number of people.

In an interview, Liang Junyan said that the four bills currently under review are not controversial, but some members still choose to delay. He is not optimistic about the parliamentary situation in the coming year and only hopes to improve the efficiency of the parliament as much as possible.

Chief Executive Carrie Lam Cheng Yuet-ngor said that allowing mainland Hong Kong people to vote is a "social demand." It is imperative to amend the election laws. However, Liang Junyan said that the text of the bill has not been received, and it is only a "rumor". No one from the government has found out about him. How much time to consider.

Leung Junyan pointed out that if a member of Parliament interferes with the meeting, he has violated the Privilege Law. "It used to be, but no one uses it. Now there is one more, but whether it is used by no one is unknown. It depends on how the law enforcement and judicial authorities look at it." (Photo by Lu Yiming)

Whether conflicts with the National Security Law is determined by the court

After the direct promulgation and implementation of the National Security Law of the Port Area, the space for protests by the democrats has shrunk. Article 22 of the National Security Law of the Port Area states that severely interfering, obstructing, and undermining the performance of the functions of the Hong Kong Special Administrative Region’s power organs in accordance with the law is a subversion of the state power. Even the impact will violate the National Security Law?

Liang Junyan pointed out that if members interfere with the meeting, they have violated the Privilege Law. "It used to be, but no one uses it. Now there is one more, but whether it is used by no one is unknown. It depends on how the law enforcement and judicial authorities look at it.



" Articles of the Basic Law Article 77 stipulates that members of the Legislative Council who speak at the meeting will not be subject to law enforcement. In the unlikely event that a member of the Legislative Council expresses support for Hong Kong independence at the meeting, who is overriding the National Security Law and the Basic Law?

Liang Junyan pointed out that the Legislative Council operates in accordance with the Basic Law and the Law of Privileges. Members perform their functions and powers not above the law. "If a member of the Council really fulfills his qualifications as a member of Parliament, he will be guaranteed (criminal immunity for speech), but If he is not performing his duties as a member, but doing the second thing, then the court will decide whether he has committed a crime. As for whether he is involved in the national security law, it is not the chairman's decision."

He emphasized that every member is responsible for his words and deeds. If he is not sure, he can seek legal advice. He also mentioned that when he took office, he had sworn allegiance to the Basic Law. The first article was that "Hong Kong is inseparable from the People's Republic of China." Part", "Members are not terrorists. If you are performing parliamentary duties, what is the possibility of committing the four crimes of the National Security Act? Therefore, members should be careful and see for themselves the four crimes of the National Security Act. Is there a chance to step on the line?"

Legislative Council Chairman Leung Junyan said in an interview with "Hong Kong 01" that as long as members act in accordance with the "Basic Law" and perform their normal duties, the National Security Law "will certainly have no impact."

(Photo by Lu Yiming)

"Wenty" MPs do not step on the line

In the past few years, when the Legislative Council deliberated controversial bills such as high-speed rail co-location, Liang Junyan encountered pan-pop protests from time to time, "reminding" members of the possibility of violating the Privilege Law. He said that he would do the same in the future if there were similar situations. If I see that any legislators will contravene the law, I will also have a warm reminder. I hope they will calm down even when they are "㷫" or impulsive."

However, some organizations recently stated that if there is an impact, they will report to the National Security Agency for follow-up. Liang Junyan pointed out that unless there is a major incident such as wounding that causes injuries to the Legislative Council, the chairman generally remains neutral, but frankly says he cannot control who calls the police. "If someone commits a crime, not only the chairman will call the police, but different people may call the police, including citizens and councillors."

Liang Junyan pointed out that unless there is a major incident such as wounding that causes injuries to members of the Legislative Council, the chairman generally remains neutral, but frankly cannot control who calls the police. "If someone commits a crime, not only the chairman will call the police, but different people may call the police, including citizens. , Member.” (Photo by Lu Yiming)

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▼The turmoil of the amendment in May last year triggered fierce parliamentary conflicts▼

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▼The demonstrators hit the Legislative Council on July 1st last year▼

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Source: hk1

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