Political situation
Author: Zheng Baosheng
2021-01-14 18:23
Last update date: 2021-01-14 18:23
Social conflicts have burned into the legal system, and some people worry that recent events will damage the rule of law in Hong Kong.
Senior Counsel Tang Jiahua, a member of the Executive Council, wrote an article on social media, saying that the "Hong Kong District National Security Law" and the rule of law in the SAR can coexist.
Tang Jiahua pointed out that judges must enforce two kinds of laws, namely, laws passed by the legislature and common law principles based on past precedents. The laws passed by the legislature are overriding.
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Tang Jiahua pointed out that under the common law system, judges are required to enforce two kinds of laws, namely, laws passed by the legislature and common law principles based on past precedents.
In these two kinds of laws, the laws passed by the legislature have always been overriding.
Tang Jiahua said: "This is because the British system pursues a basic parliamentary system, so the legislation passed by the legislature can change the common law, and after the change, the court must abide by and enforce it."
"There is no democracy in the SAR now, don't we need to obey all laws?"
Hong Kong is an autonomous region under the Central Government under the Basic Law. Tang Jiahua said that under this system, the country’s legislature is the highest legislature in the country, and the laws passed are of course overriding, while local judges enforce national standards. The law is taken for granted and will not weaken the rule of law.
Hong Kong enforces national laws under "One Country, Two Systems." Tang Jiahua refers to a constitutional order, which has nothing to do with whether China has democracy. "What's more, there is no democracy in the SAR now. Don't all our laws need to be followed?"
Refers to the National Security Law that has provisions to protect human rights and has taken care of the difference of "one country, two systems"
There are opinions that China does not follow a common legal system, and they are worried that the "Hong Kong National Security Law" enacted by the central government will conflict with Hong Kong under the common legal system.
Tang Jiahua said that when the law was formulated, it had taken care of the contradictions that may arise from these differences under the "one country, two systems". Therefore, Article 4 of the National Security Law stipulates that the International Human Rights Covenant and the Economic, Social and Cultural Treaty apply to the law, Article 5 It stipulates that the general basic principles under the common law also apply to this law, describing this as a manifestation of respect for the "two systems".
Tang Jiahua said that under the protection of the National Security Law, the court's responsibility is to ensure that individual rights are reasonably balanced when the law is enforced.
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