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Lai Zhiying's appointment of the Royal Court︱Chen Zeming of the Law Society: full of confidence in the independence of the judiciary and the legal system

2022-11-29T13:57:27.999Z


In Li Zhiying's case involving the National Security Law, the Department of Justice appealed whether to hire foreign lawyers. After the court rejected the application, Chief Executive Li Jiachao proposed to the Standing Committee of the National People's Congress to interpret the "Hong Kong National Security Law". Chen Ze, President of the Law Society of Hong Kong


In Li Zhiying's case involving the National Security Law, the Department of Justice appealed whether to hire foreign lawyers. After the court rejected the application, Chief Executive Li Jiachao proposed to the Standing Committee of the National People's Congress to interpret the "Hong Kong National Security Law".


The president of the Law Society of Hong Kong, Chan Chak-ming, pointed out that the interpretation of the law by the National People's Congress may affect public perception, but he is concerned about the independence of Hong Kong's courts, judiciary and legal system under the "one country, two systems" in accordance with the Constitution, the Basic Law and the National Security Law and character with confidence.


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Legal considerations are expected to be taken into account in respect of the Court of Final Appeal's ruling

Chen Zeming said that Article 85 of the Basic Law stipulates that Hong Kong courts conduct trials independently without any interference.

He respects the ruling and believes that the Court of Final Appeal has fully considered all relevant legal factors before making a decision.

Li Jiachao submitted a report to the central government, suggesting that the National People's Congress be requested to interpret the law and interpret Article 65 of the "Hong Kong National Security Law" to clarify "according to the legislative intent and purpose of the "Hong Kong National Security Law", whether overseas lawyers or barristers who do not have full local qualifications can Participate in any form in the handling of crimes endangering national security".

Chen Zeming believes that the application only concerns overseas lawyers or barristers who do not have full qualifications to practice in Hong Kong, and does not seek to change the status of overseas lawyers and barristers who have obtained full qualifications to practice in Hong Kong.

It is expected to only involve overseas lawyers or barristers without full qualifications

Chen Zeming specifically pointed out that Article 62 of the National Security Law stipulates that "the power to interpret this law belongs to the Standing Committee of the National People's Congress" and that "if the local laws of the Hong Kong Special Administrative Region are inconsistent with this law, this law shall apply." "Different from the Basic Law, there is no provision authorizing Hong Kong courts to refer matters related to the National Security Law to the Standing Committee of the National People's Congress for interpretation.

He said that he fully respects the power of the Standing Committee of the National People's Congress to interpret the "National Security Law". The relevant laws were passed by the Standing Committee of the National People's Congress and included in Annex III of the Basic Law.

The Constitution also clearly states that the Standing Committee of the National People's Congress has the power to "interpret laws."

Chen Zeming said that he noticed that the interpretation of the Standing Committee of the National People's Congress, although legally made, may affect the public's perception of Hong Kong's common law system, especially those who are not familiar with the judicial and legal systems.

The cornerstone of the rule of law in Hong Kong includes the trust and confidence of the public and the international community in Hong Kong's judges, judicial and legal systems, he said.

Chen Fuming has full confidence in the independence and role of Hong Kong's courts, judiciary and legal system under the "one country, two systems" in accordance with the Constitution, the Basic Law and the National Security Law.

Jimmy Lai's appointment letter︱Bar Association: The Standing Committee of the National People's Congress has the right to interpret but hopes to exercise Li Zhiying's appointment prudent prudently|The Bar Association says that the interpretation of the law will not damage the independence of the judiciary and hopes that Hong Kong will clarify Li Zhiying's appointment in the future︱ Li Jiachao did not answer whether the postponement is unfair, claiming that it is most in the interests of the legal system Jimmy Lai's appointment of Yingyu ︱Tang Jiahua: If overseas lawyers have problems and leave Hong Kong, they will not be able to follow up

Source: hk1

All news articles on 2022-11-29

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