After the restructuring of the Legislative Council, some functional constituencies still retain individual votes, including seats in the legal profession that have been monopolized by the democrats for many years. However, no representatives of the democrats are participating in the election this time. Instead, they will stage an organizational mutual shock. The former chairman of the Law Society of Hong Kong, Lin Xinqiang, will fight against each other. Chen Xiaofeng, Secretary General of Hong Kong Law Exchange Foundation.
In an interview with "Hong Kong 01", Chen Xiaofeng said that the candidate hopes to defend the rule of law and traditions in Hong Kong, so that the profession will return to rationality and no longer be divided into blue and yellow. He believes that even if he is a legal scholar, not a barrister or solicitor, he can represent the law. The industry speaks out to reflect industry issues more objectively.
In recent years, there has been a backlog of anti-amendment cases. Among them, the case of 47 pro-democratic primary elections was postponed to March next year. By then, several defendants had been remanded for more than a year and were questioned as "prisoners before trial", but Chen Xiaofeng believed that "justice" I will be late, but I will not be absent.” Emphasizes that justice cannot be determined by the speed of case deliberations. “Whether it is slow means that justice cannot be done.” The most important thing is whether the process conforms to procedural justice.
Advocate "unchanged" core values, hope to promote the Bar Association and the Mainland to break the ice
Chen Xiaofeng, 32, reported that he was an independent candidate and elected to the legal profession under the banner of "unchanged", saying that he hopes to safeguard Hong Kong's core values, including the rule of law, human rights and democracy, and maintain the original aspirations of "One Country, Two Systems" and the lifestyle of Hong Kong people. constant.
He emphasized that the legal profession should return to professionalism and rationality, regardless of blue or yellow. If he is fortunate enough to be elected, he hopes to promote frank communication between the Bar Association and Beijing and "take an ice-breaking journey", including promoting the association to visit Beijing and arranging regular meetings with the legal profession. The central government departments in Hong Kong met and exchanged opinions.
Since Xia Boyi, chairman of the Bar Association, took office, the relationship between the Association and Beijing has deteriorated.
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Chen Xiaofeng will be referred for the primary election next year: not just to judge by the speed of the trial
There is an adage in the legal profession: "Justice delayed is justice denied (Justice delayed is justice denied), but Chen Xiaofeng believes: "Justice will be late but will not be absent." The case of the 47 pro-democracy primaries was postponed to trial in February next year (the judge refused to adjourn it, and the court opened last week and decided to adjourn the case until March next year), which aroused criticism from the defendant’s family as "prison before trial." "Chen Xiaofeng pointed out that if you believe in Hong Kong’s rule of law system, you need to act according to the system, and you should not judge fairness based on the speed of the trial. "A case is not about justice and justice sooner, but slower means justice is not enough to be done, not simply. Use speed to judge."
He pointed out that adjourning the trial may be a torture for the arrested, but it is not incorrect from the point of view of procedural justice. For example, it is necessary to collect evidence completely. "Don’t use ordinary people’s concepts and logic to judge a set What a complete rule of law system."
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Article 23 Legislation should guarantee freedom of speech and advocate full consultation with all sectors
The Hong Kong government stated earlier that it expects to re-introduce Article 23 of the Basic Law in the next Legislative Council. Chen Xiaofeng believes that Article 23 of the legislation should not cause people to worry about the damage to freedom of speech. Strike a balance between national security and maintaining business confidence in Hong Kong.
When asked whether he should include espionage and other crimes, he said that he should refer to overseas laws to comment, "If you rashly say that it is appropriate, it is irresponsible."
Regarding whether the next 23 legislation should abide by the Johannesburg Principles as recommended in 2003, and promise not to be guilty of words, Chen Xiaofeng said that maintaining Hong Kong’s core values is a belief that members of the legal profession must adhere to. “Does it conform to this principle” The Johannesburg Principles), the Basic Law is not written, but the Basic Law stipulates that Hong Kong people have the freedom of speech, and the Basic Law must be returned to the Constitution."
When asked whether the "rehabilitation of June 4th" should fall within the scope of the protection of freedom of speech, and whether he agrees that the Chinese Communist Party once defined June 4th as a "counter-revolutionary riot", Chen Xiaofeng believed that China should refer to the June 4th narrative, "I was not born before the battle," There is a problem with June 4th that everyone has a heart. Many times society needs to look at the problem with a developmental perspective. To look forward, it is a more active society first." As for mourning June 4th, is it illegal?
Chen said that it depends on different circumstances, such as whether seditious acts have been committed in public. "In short, Hong Kong is a relatively free place."
The system of judges wearing wigs and foreign judges should be retained
Chen Xiaofeng, a legal scholar, was accused of lacking practical experience in practice. He admitted that this is an objective deficiency of his, but it is also an advantage. For example, he can treat legal affairs in a neutral and objective manner, "outside the industry and look at industry issues", "the simplest I am I don’t fight for jobs with the industry. I am totally selfless.” He also believes that just as the court needs a jury to consider a case, it does not have to be a solicitor or a barrister to represent the legal profession. In addition, he has close ties with the legal profession. The heart of the legal profession has the qualifications to participate in the legal profession.
In this election, the opponent is Lin Xinqiang, who has been supported by many former presidents of the Law Society. Chen Xiaofeng described his opponent as having qualifications, extensive contacts and networks, and his only advantage is his youth and the idea of technological innovation.
He also advocated that the legal etiquette of the Hong Kong judicial system should be retained, such as the wearing of wigs by judges, and the maintenance of the foreign judge system of the Hong Kong Court of Final Appeal.
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