Political situation
Written by: Zhou Lixi
2021-01-10 14:31
Last update date: 2021-01-10 14:32
The police quoted the National Security Law of the Hong Kong District last week and arrested more than 50 pro-democracy activists, accusing them of violating Article 22 of the National Security Law of "subversion of state power."
The Chairman of the Civic Party, Leung Ka-kit, said when attending the "City Forum" today that the article "Ten Steps to Reality" by the initiator of the primary election, Dai Yaoting, is like a "rhapsody" and requires the cooperation of the Hong Kong government and the central government to succeed. When does it become "Zhuxin".
Song Xiaozhuang, a professor at the Hong Kong and Macau Basic Law Research Center of Shenzhen University, agreed that "ten steps to speculate" may not be a success, but believed that the primary election itself was illegal.
Liang Jiajie pointed out that Dai Yaoting's article is not so much a conspiracy as a rhapsody, because all the content is beyond his control, questioning when the Hong Kong law has become "hearted."
(Data Picture/Photo by Gao Zhongming)
Liang Jiajie pointed out on the forum that the discussion has always been concerned about the "illegal methods" in the primary election. He mentioned that the police used Dai Yaoting's article "Ten Steps to Really Seek Speculation" as an example. However, he believes that the article is not so much a conspiracy, it is more true. "Rhapsody", because the voters must first elect members, then the chief executive must cooperate in dissolving the Legislative Council, and the Central People's Government must follow up with military control of Hong Kong. All of these are beyond Dai Yaoting's control.
He questioned when the laws of Hong Kong became "punished". From "DQ" to this "big raid", those in power have "stacked up motives" from time to time.
Song Xiaozhuang said that he agrees that the Chief Executive does not need to dissolve the Legislative Council, and that he has the opportunity to fail to make "ten steps to speculate," but said that this could be the basis for Dai Yaoting's defense in court.
▼The democrats' primary election in July last year▼
Song Xiaozhuang: National Security Law takes precedence over the relevant budget provisions of the Basic Law
Song Xiaozhuang believes that the "illegal methods" mentioned in Article 22 of the National Security Law, including "Ten Steps to Really Seek Speculation" and the primary election, mean that both common law and civil law will link behavior and motives, even if the incident spans July 1. , "Illegal means" have been combined.
He believes that the primary election itself is illegal, and not all actions that are not prohibited by the law are legal. For example, election coordination should stop internally. The participants in the primary election claim to represent the pan-people are already misleading.
Song pointed out that the government has the responsibility to explain clearly what it means to violate the law. He believes that the government has not made it clear before and that it is "public officials' omissions."
The Chairman of the Hong Kong Law Exchange Foundation and the Democratic Alliance for the Betterment of Man and Man states that if the Legislative Council attempts to use fiscal suspension to force the government to agree to the request, even if there are relevant provisions in the Basic Law itself, the National Security Law is not allowed to implement this intention and practice.
Song Xiaozhuang added that the National Security Law is different from the Basic Law in design and supplements the National Security Law, which means that the National Security Law requires the unity of the three powers to protect national security. When the National Security Law is supplemented, it will be applied first.
Liang Jiajie agreed with a smile, saying that if the National Security Law does violate the logic of the Basic Law, the Basic Law should be amended.
Zhao Enlai, secretary of the Democratic Forces, pointed out that not everyone in the primary election supports speculation, and jokingly said that if you have an imagination, you will commit a crime. Those who "beaten the villain" on the gooseneck bridge have ideas and pay, and there is already a problem.
Song Xiaozhuang believes that the design of the National Security Law is different from the Basic Law, and it supplements the National Security Law. It refers to the National Security Law that requires the unity of the three powers to protect national security. When the National Security Law has supplements, it will take precedence over the basic law.
(Profile picture/YouTube screenshot)
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The State of Marx and Engels: Violation of the gathering order for citizens in the primary election is already illegal, but they do not approve the arrest of citizens
Man State stated that he was also worried that the authorities would use Article 22 to arrest 600,000 people who participated in the primary elections, because they had violated the gathering restriction order, which was already an illegal method. As for the 55 arrested, he believed that he should The organizers of the primary election were the same as the National Security Law in order to file a complaint because they incited others to participate in illegal speculation.
He emphasized that the relevant provisions only need to be "intended" and not necessarily effective to be convicted.
However, the State of Marx and Engels also admitted that the primary election itself is not necessarily an illegal method. He personally does not approve the arrest of 600,000 people who participated in the voting.
Zhao Enlai retorted that if there is only motivation to break the law, then many people have already broken the law when hitting the villain on the gooseneck bridge, because there are both motives and actual paying behaviors.
Song retorted that it was only a private act and did not involve public power, and called on Zhao to study Chinese law seriously.
Zhao added that the primary election did not prevent people from participating in the election and therefore did not violate the election regulations.
The audience Mr. Gao questioned that the red line of the National Security Act seemed to be getting narrower, emphasizing that not all voters support speculation, and that many people maintain social distancing when voting.
Ma responded by saying that whether the masses gather (if there is a prosecution) can be left to the interrogation.
The police have stated that they have no intention of arresting citizens who participated in voting.
The Hong Kong version of the National Security Law Primary Election