Political situation
Author: Zheng Baosheng
2020-11-17 20:36
Last update date: 2020-11-17 20:36
Zhang Xiaoming, executive deputy director of the Hong Kong and Macao Affairs Office of the State Council, quoted Li Xianlun from the former Court of Final Appeal in a forum today (17) as saying that it is time for judicial reform in Hong Kong.
Regarding the recent voices in society that advocate the establishment of judicial reform committees, sentencing committees, and reform of judicial appointment procedures, Liu Zhaojia, vice chairman of the National Hong Kong and Macao Research Association, said bluntly that these are "low-level" practices.
He believes that the "high-level" problems faced by Hong Kong's judicial system are the thinking of judicial personnel.
Refers to the “low-level” recommendations of the Sentencing Committee and others, focusing on thinking issues
Liu Zhaojia accepted an interview with "Hong Kong 01" and mentioned the direction of judicial reform.
He said that the society currently proposes the establishment of sentencing committees, saying that these are "low-level", "the most important thing is not to be solved", but the thinking of judicial personnel, bluntly "if it does not change, the problem will always be resolved."
Liu Zhaojia stated that different judges have different opinions on the judgment of the same case, and the same judge can also make different judgments at different times. He pointed out that the social proposal to establish a sentencing committee is "low-level."
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Refers to some judges who do not fully understand the core content of "One Country, Two Systems"
Liu Zhaojia said that different judges may make different rulings on the same case, and the same judge may make different rulings at different times, describing these as "low-level" issues.
He pointed out that the central government and some establishments were even more dissatisfied with the fact that some judges did not fully understand the goals and core content of "One Country, Two Systems". Some of them included the maintenance of national sovereignty and insufficient attention to security. The decisions of the Standing Committee of the National People's Congress are not sufficiently respected, nor are they respected enough for the administrative management of the SAR government, especially the power to formulate public policies.
He said that the above-mentioned problems make it easy for the judiciary to accept a large number of judicial reviews with loose standards, and the judiciary is involved in the process of constitutional formulation.
Court's interpretation of "Basic Law" provisions may violate government policy
Liu Zhaojia explained that after the reunification, the judiciary can interpret most of the provisions of the Basic Law under the authorization of the central government. However, because the law involves public policies and political systems, the judiciary also intervenes in the formulation of public policies. This has the opportunity to interact with the government in formulating policies. Touch.
He gave an example. Last year when the SAR government cited the "Emergency Law" to enact the "Prohibition of Face Masking Law", the Court of First Instance of the High Court ruled that the "Emergency Law" violated the "Basic Law."
Later, the Legal Work Committee of the National People's Congress stated that the Standing Committee of the National People's Congress had confirmed in February 1997 that the "Emergency Law" complied with the "Basic Law."
Liu Zhaojia pointed out that the incident showed that only the central authorities have the power to decide whether Hong Kong’s existing laws violate the Basic Law, and the judiciary has no such power.
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Liu Zhaojia said that in order to reform the judicial system, the most important thing is to let the judicial personnel have a deep understanding of "One Country, Two Systems" and the Basic Law, as well as the central government's power over Hong Kong, so that the judiciary respects the political power of the central government and the SAR government.
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