Tong Jiahua, senior counsel and member of the Executive Council, said that the "National Security Law of the Hong Kong Area" does not prohibit overseas lawyers from coming to Hong Kong to handle cases, and related issues need to be resolved. It is within the scope of power, but it is also said that "killing a chicken with a sledgehammer" can be dealt with by amending the "Legal Practitioners Ordinance".
Tang Jiahua explained in a radio program that as long as the revised law lists the considerations for the court to allow foreign lawyers to handle individual cases, such as whether the case involves state secrets, whether the lawyer has been hostile to the country in the past, whether Hong Kong lacks lawyers with relevant expertise, etc., it can be handled question.
Tang Jiahua agrees that the Standing Committee of the National People's Congress has the right to interpret the law, but believes that "killing a chicken with a bull's knife".
Tang Jiahua: I do not agree with a one-size-fits-all ban on overseas lawyers handling national security law cases
However, Tang Jiahua said that he does not agree with a one-size-fits-all ban on foreign lawyers handling cases under the "Hong Kong National Security Law". Whether to exclude them from handling cases, and not all national security law cases involve state secrets, questioned the need to completely ban all foreign lawyers from participating.
The question of whether Google broke the law is complex
In addition, regarding Google's unblocked search results displaying anti-revision songs, will it constitute assisting and misleading others to play related songs as the national anthem, which violates the "Hong Kong National Security Law"?
Tang Jiahua pointed out that whether it constitutes a crime involves complicated issues. He pointed out that Hong Kong does not have a national anthem. Some people may use Google to upload songs claiming to be the "Hong Kong National Anthem" and mislead others to play it in public. If Google itself is unable to stop it, it may not constitute a crime. , and Google's ability to prevent the situation from happening is yet to be analyzed by technology experts.
In response to successive incidents of wrongly broadcasting the national anthem, the Federation of Hong Kong and the Olympic Committee issued guidelines for playing the national anthem last month.
(File photo/Photo by Liang Pengwei)
Tang Jiahua pointed out that legally, if the government wants to sue Google, it can only sue the head of the company, usually the chairman, chief executive officer or director, but they may not be in Hong Kong. Although Google has a branch in Hong Kong, does it have the right to control the search results? It is not yet clear, and the government may need to learn more about it.
He emphasized that this incident involves national dignity and serious crimes. Even if there are restrictions on law enforcement, the Hong Kong government must do its best to follow up.
Tang Jiahua suggested that uploading "March of the Volunteers" as the "National Anthem of Hong Kong, China" could be considered, and then searched by multiple people to become the top search result.
As for some councilors considering citing the "Privilege Act" to summon Google representatives to the Legislative Council, Tang Jiahua thinks it is useless, pointing out that the problem that needs to be solved most at present is not asking for an explanation.
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