Political situation
Author: Zheng Baosheng
2021-01-08 00:36
Last update date: 2021-01-08 00:36
More than 50 pro-democracy activists were arrested for participating in the primary elections on suspicion of violating Article 22 of the Minato National Security Act, "the crime of subverting state power", including the American human rights lawyer John Clancey, the Treasurer of Democratic Power And searched the lawyer's office.
Five Hong Kong Law Society directors Dili Mai, Zhang Daming, Lin Yanghong, Cai Weide and Huang Yaochu issued personal statements, deeply concerned about the arrest of the democrats, and also deeply concerned about whether the search of legal affairs violates Article 35 of the Basic Law.
▼More than 50 democrats were arrested▼
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The statement pointed out that Article 22 of the National Security Law stipulates that the basic element of a crime is "use of force, threat of force or other illegal means."
However, the statement stated that the police failed to fully explain at the press conference that in the absence of any violent or illegal behavior in the primary election, they cited Article 22 for arrest.
The statement pointed out that anyone, regardless of political opinion, has the right to participate in public affairs. This is a right guaranteed by Article 25 of the International Covenant on Civil and Political Rights and is also protected by Article 21 of the Hong Kong Bill of Rights Ordinance.
This right plays a key role in the development of democratic governance and the rule of law.
The five strongly condemned any actions that suppress the peaceful expression of the basic human rights granted to citizens by the Basic Law.
Urge the government to explain whether to abandon the Johannesburg Principles
The statement quoted Article 2 of the "Johannesburg Principles on National Security, Freedom of Speech and Freedom of Access to Information": "A restriction imposed on the grounds of national security is illegal unless its real purpose and verifiable effect are In order to protect the country’s survival or territorial integrity from violence or threats of force, or to protect its ability to respond to threats of force or force, whether these threats of force or force come from the outside, such as military threats, or from within, such as incitement to violence Overthrow the government.” The statement said that when the SAR government tried to formulate a national security law in accordance with Article 23 of the Basic Law in March 2003, the then Security Bureau still positively affirmed that national security legislation must comply with the Johannesburg Principles.
The five urged the SAR government to explain whether it has abandoned the applicable principles in the Johannesburg Principles and the basic rights guaranteed by the Basic Law, including freedom of expression and assembly.
The five people are also deeply concerned that searching for law firms may violate the basic rights of legal professional confidentiality stipulated in Article 35 of the Basic Law, that is, "Hong Kong residents have the right to receive confidential legal advice, file lawsuits in the courts, and choose lawyers to protect their legality in time Rights or represent them in court and obtain judicial remedies.”
The five called on the authorities to self-discipline to ensure that the confidentiality of the legal profession is fully protected, and to fully safeguard the rights of all Hong Kong citizens to participate in politics.
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Hong Kong version of the National Security Law Zhang Daming Basic Law
