Next Media's Jimmy Lai case triggered the Standing Committee of the National People's Congress to interpret the "Hong Kong National Security Law" for the first time, indicating that if a case involving the National Security Law is to hire an overseas lawyer who does not have Hong Kong's full qualifications as a defense or legal representative, a certificate issued by the Chief Executive is required. Otherwise, the National Security Council should step in and make judgments and decisions on the situation.
Chief Executive Li Jiachao responded to the reporter, and it is expected that it will involve Jimmy Lai's appointment of British Queen's Counsel Tim Owen.
"Hong Kong 01" was broadcast live.
The Standing Committee of the National People's Congress voted to pass the draft interpretation of Articles 14 and 47 of the Hong Kong National Security Law.
(Screenshot of CCTV News Network Video)
Li Jiachao said that the Standing Committee of the National People's Congress made an interpretation of Articles 14 and 47 of the "Hong Kong National Security Law", explaining the following points:
1. According to Article 14, the National Security Council of Hong Kong has the right to make judgments and decisions on whether it involves national security issues, and its decisions have enforceable legal effects. The administrative, legislative, judicial and other institutions of the Hong Kong Special Administrative Region and any organization should respect and Implement the decisions of the National Security Council of Hong Kong.
2. When hearing national security cases, the courts of the Special Administrative Region encounter issues related to the determination of whether the relevant acts involve national security or whether the relevant evidence materials involve state secrets. The book is binding on the court.
3. The issue of "whether overseas lawyers who do not have the full qualifications of the Hong Kong Special Administrative Region can serve as defenders or agents ad litem in cases of crimes endangering national security" is a matter that needs to be identified as stipulated in Article 47 of the "Hong Kong National Security Law" .
A certificate issued by the Chief Executive should be obtained.
If the SAR court fails to submit and obtain a certificate from the Chief Executive, the Hong Kong National Security Committee shall perform its duties in accordance with Article 14 of the "Hong Kong National Security Law" and make relevant judgments and regulations on such situations and issues.
When asked who and how to judge the behavior involving the national security law, Li Jiachao said that according to Article 47 of the "Hong Kong National Security Law", the chief executive will issue a certificate, and the chief executive will consider all factors, especially the facts and information obtained. , so as to determine whether it involves national security, and this power existed before the article came into force, so this interpretation does not increase the power of the chief executive.
National People's Congress Interpretation｜Applicable to the Li Zhiying case?
Tang Jiahua said that the National Security Committee will not ignore the National People's Congress's interpretation of the law if it does not target individual cases︱All members support: the three powers must follow the People's Congress's interpretation of the law to help the courts better fulfill their national security responsibilities｜If you hire an overseas lawyer for a national security case, you need a certificate from the chief executive, otherwise the National Security Committee should Intervening in the Jimmy Lai case︱It is said that Lie Xianlun wrote an article questioning the interpretation of the law and seeking judicial changes: worrying about the rule of law in the past.