Political situation
Written by: Zhou Haoyi
2021-01-25 07:00
Last update date: 2021-01-25 07:00
The executive committee of the Hong Kong Bar Association was re-elected last week. Dai Qisi, who served as chairman for three years, stepped back from the fire and was taken over by the "Human Rights Certificate" and Senior Counsel Paul Harris.
He immediately put forward new proposals after taking office, hoping to push the government to amend the "Hong Kong National Security Law" and to amend provisions that conflict with the "Basic Law", including the actions of the staff of the National Security Agency stationed in Hong Kong not under the jurisdiction of Hong Kong.
Xia Boyi admitted that he did not know how likely the proposal would be, but he would try his best. He also said that he would lobby from the perspective of "international lines", hoping to revise the "National Security Law" in exchange for foreign countries to restore the surrender agreement with Hong Kong and achieve a "win-win" ".
In recent years, the Bar Association’s relationship with Beijing has become "frozen". Xia Boyi said that if he has the opportunity, he also hopes to visit Beijing and try his best to propose amendments to the National Security Law.
Xia Boyi, the new chairman of the Bar Association.
(Photo by Huang Baoying)
National security personnel are not under jurisdiction Xia Boyi doubts that they can "do whatever they want"
Xia Boyi, 68, is an expert in public law and human rights law. During his litigation career, many of his representative works have been related to human rights cases, including convictions against Falun Gong practitioners. He is currently accused of "Hong Kong National Security Law" for inciting others to split. Ma Junwen, the "second generation Captain America" of national crime.
Xia Boyi has always been active in human rights activities in Hong Kong. In the 1990s, he founded the "Hong Kong Human Rights Monitor" with Chen Wenmin, Dai Qisi, and others, and became the first chairman, known as the "Human Rights Certificate."
Xia Boyi "goes out of the mountain" to take charge of the Association this time, he cares about human rights and rule of law.
After he was elected chairman of the Bar Association last Thursday (21st), he took the initiative to persuade the Hong Kong government to amend the "Hong Kong National Security Law". When he accepted the "Hong Kong 01" interview, he further explained and questioned many provisions of the National Security Law. In violation of the Basic Law, the most concerning is that Articles 14 and 60 of the National Security Law stipulate that the decisions of the National Security Council are not subject to judicial review, and that the actions of the staff of the National Security Agency in Hong Kong are not subject to the jurisdiction of the SAR.
He questioned that this meant that the staff of the National Security Agency could "do what they like" in Hong Kong, "They could simply see someone and take them away", describing the situation as very dangerous (threatening), Violation of the spirit of the rule of law may also violate Article 35 of the Basic Law. The provision that Hong Kong residents have the right to file a lawsuit in court is "completely unacceptable."
The acts performed by the National Security Agency and its personnel in the Hong Kong Special Administrative Region to perform their duties in accordance with this Law shall not be under the jurisdiction of the Hong Kong Special Administrative Region.
Article 60 of the Minato National Security Law
Advocate to change the national security law for foreign countries to restore the surrender of fugitives
Xia Boyi mentioned that Article 55 of the National Security Law specifies the complicated circumstances involved in the involvement of foreign forces. The National Security Agency can exercise jurisdiction over the case and transfer the case to the mainland for deliberation.
He believes that under this regulation, it is trivial to provide information to Amnesty International and may violate the law. He also pointed out that the National Security Law stipulates that cases involving state secrets may not be reviewed by juries, and that serious cases of violations of the Basic Law must be set up. The rules of the jury are hoped to persuade the government to amend the National Security Law.
However, the "Minato National Security Law" has only been implemented for half a year. Is it a fantasy to amend it within a short period of time?
Xia Boyi said that he could not predict the possibility of his proposal. "There are some people who think that the Hong Kong government is acting like a puppet, and has no power to decide. (There are some people who think that the Hong Kong government is acting like a puppet, and has no discretion. I hope that's incorrect.)”
Xia Boyi said that the original intention of the Hong Kong government to amend the Fugitive Offenders Ordinance was to deal with the suspected murder of his girlfriend in Taiwan by Hong Kong youth Chen Tongjia. However, because of the implementation of the National Security Law, many countries have suspended their fugitive surrender agreements with Hong Kong, forming a retrogression. He believes that if the Hong Kong Government revises the National Security Law to a level acceptable to the international community, it will be a "win-win" situation.
He said that after the SBA’s executive committee agrees, it will meet with the Secretary of Justice Zheng Ruohua to reflect.
The SBA continues to speak out for the rule of law and visits Beijing to advocate the rule of law in Hong Kong
During Dai Qisi's tenure as the chairman of the Bar Association, he has repeatedly spoken out on legal disputes in Hong Kong. He was criticized by pro-China newspapers for politicization. Will the association's style change in the future?
Xia Boyi pointed out that the guild led by him adheres to the principles of the rule of law, and may be different from the previous one in terms of implementation details, but the principles are largely the same, emphasizing that it is not affected by political factors, will speak out when there are problems with the rule of law, and will also unite Different people in the guild.
The Executive Committee of the Bar Association visited Beijing every other year as usual, but the relationship with Beijing has deteriorated in recent years and has not visited Beijing for more than three years.
Xia Boyi said that if he had the opportunity, he would also like to visit Beijing. In 2008, he also visited Beijing with the Bar Association and taught at Peking University. He regretted that the association had lost contact with Beijing.
He hopes to express his concern about the rule of law in Hong Kong through his visit to Beijing, and will do his best to put forward proposals for amending the "Hong Kong National Security Law."
He said that the Bar Association has gathered legal talents in different fields, including lawyers and arbitrators who are familiar with mainland law, and hopes that Beijing will rebuild relations with the Association.
Xia Boyi was elected chairman of the Bar Association, concerned about the violation of the Basic Law of some regulations of the National Security Law
The Bar Association elects Dai Qisi to resign next month. News: Human Rights Advocate Xia Boyi intends to take over
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The Bar Association Hong Kong version of the National Security Law Daqisi Basic Law