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National People's Congress Interpretation|If you hire an overseas lawyer in a national security case, you need a certificate from the chief executive, otherwise the National Security Committee should intervene

2022-12-30T12:27:20.650Z


The four-day meeting of the Standing Committee of the National People's Congress concluded today (30th) afternoon. CCTV News reported that the Standing Committee of the National People's Congress has passed the "Hong Kong National Security Law" interpretation bill, explaining Articles 14 and 47, in order to clarify


The four-day meeting of the Standing Committee of the National People's Congress concluded today (30th) afternoon. CCTV News reported that the Standing Committee of the National People's Congress has passed the "Hong Kong National Security Law" interpretation bill, explaining Articles 14 and 47, in order to clarify that there is no local comprehensive law. Whether overseas lawyers or barristers with professional qualifications can participate in the handling of criminal cases endangering national security in any form.


The announcement of the Standing Committee of the National People's Congress pointed out that if a case involving the National Security Law is involved, if an overseas lawyer who does not have Hong Kong's full qualifications to practice is hired as a defense or litigation representative, it is an issue that needs to be identified under Article 47 of the "Hong Kong National Security Law", and a letter from the Chief Executive should be obtained. certificate.

If the Hong Kong court fails to submit and obtain the certificate to the Chief Executive, the Hong Kong National Security Council shall make judgments and decisions on the situation in accordance with Article 14 of the Hong Kong National Security Law.


The Standing Committee of the National People's Congress made three explanations

The Standing Committee of the National People's Congress explained the meaning and application of Articles 14 and 47 of the "Hong Kong National Security Law" in the following three points:

1. According to Article 14 of the "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region", the National Security Committee of the Hong Kong Special Administrative Region assumes the statutory responsibility for safeguarding national security in the Hong Kong Special Administrative Region and has the right to make judgments on whether it involves national security issues And decision, work information will not be made public.

The decisions made by the National Security Committee of the Hong Kong Special Administrative Region are not subject to judicial review and have enforceable legal effect.

No administrative, legislative or judicial institution, any organization or individual in the Hong Kong Special Administrative Region may interfere with the work of the National Security Committee of the Hong Kong Special Administrative Region, and shall respect and implement the decisions of the National Security Committee of the Hong Kong Special Administrative Region.

2. According to the provisions of Article 47 of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, when the courts of the Hong Kong Special Administrative Region hear cases involving crimes endangering national security, whether the relevant acts involve national security or whether the relevant evidence materials involve Issues concerning the determination of state secrets shall be raised with the Chief Executive and a certificate issued by the Chief Executive on such issues shall be obtained, and the above-mentioned certificate shall be binding on the court.

3. According to the relevant report submitted by the Chief Executive of the Hong Kong Special Administrative Region to the Central People’s Government on November 28 in accordance with Article 11 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, overseas Lawyers acting as defenders or agents ad litem in criminal cases endangering national security may lead to national security risks.

The question of whether overseas lawyers who do not have the full qualifications to practice in the Hong Kong Special Administrative Region can serve as defenders or agents ad litem in cases of crimes endangering national security falls within the requirements stipulated in Article 47 of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region For issues identified, a certificate issued by the Chief Executive shall be obtained.

If the courts of the Hong Kong Special Administrative Region have not submitted to the Chief Executive and obtained a certificate issued by the Chief Executive on these issues, the National Security Committee of the Hong Kong Special Administrative Region shall, in accordance with the provisions of Article 14 of the "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region" Perform statutory duties and make relevant judgments and decisions on such situations and issues.

The announcement stated that the State Council’s motion was proposed in response to the report submitted by Chief Executive Li Jiachao to the central government, and was interpreted in accordance with Article 67, Item 4 of the Constitution and Article 65 of the Hong Kong National Security Law.

Chief Executive Lee Kar-chao.

(Photo by Liao Yanxiong/File photo)

Articles 14 and 47 deal with the powers of the chief executive in national security cases

The Standing Committee of the National People's Congress voted this afternoon to pass the draft interpretation of Articles 14 and 47 of the "Hong Kong National Security Law". When encountering issues involving national security or evidentiary materials, whether they involve state secrets, a certificate issued by the Chief Executive should be obtained, and the certificate is binding on the court.

The duties of the National Security Committee of the Hong Kong Special Administrative Region are: (1) to analyze and judge the situation of safeguarding national security in the Hong Kong Special Administrative Region, plan relevant work, and formulate policies for safeguarding national security in the Hong Kong Special Administrative Region; (2) to promote the legal system for safeguarding national security in the Hong Kong Special Administrative Region (3) Coordinating the Hong Kong Special Administrative Region's key tasks and major actions in safeguarding national security.

The work of the National Security Committee of the Hong Kong Special Administrative Region shall not be interfered by any other agency, organization or individual in the Hong Kong Special Administrative Region, and work information shall not be made public.

Decisions made by the National Security Council of the Hong Kong Special Administrative Region are not subject to judicial review.

Article 14 of the Hong Kong National Security Law

When the courts of the Hong Kong Special Administrative Region encounter issues concerning whether the relevant acts involve national security or whether the relevant evidence materials involve state secrets, they should obtain a certificate issued by the Chief Executive on these issues, and the above-mentioned certificate is binding on the court. .

Article 47 of the Hong Kong National Security Law

Li Zhanshu, chairman of the National People's Congress yesterday (29th) afternoon, presided over the chairman's meeting of the Standing Committee of the National People's Congress, and listened to a report made by Li Fei, director of the Constitution and Law Committee, including the review of the draft interpretation of the "Hong Kong National Security Law" Report of results.

CCTV's "News Network" reported that Li Zhanshu listened to the reports on the "Legislation Law", the "Wild Animal Protection Law", and the report on the review results of the draft interpretation of the "Hong Kong National Security Law", and reviewed the relevant proposals. Drafts, revised drafts, draft decisions and draft interpretations are pending, and relevant drafts will be submitted to the Standing Committee meeting for deliberation.

On the 27th of this month, during the first meeting of the Standing Committee of the National People's Congress, Xia Baolong, director of the Hong Kong and Macao Affairs Office, was entrusted by the State Council to give an explanation on the proposal to interpret the relevant provisions of the "Hong Kong National Security Law" at the meeting.

▼On December 27, Xia Baolong explained the "Hong Kong National Security Law" motion to the Standing Committee of the National People's Congress▼


▼On December 24, Li Jiachao returned to Hong Kong after completing his first trip to Beijing to report on his duties, saying that the central government will soon make a decision on the interpretation of the law▼


Li Jiachao concluded his visit to Beijing and announced at the Hong Kong airport that customs clearance "can be realized".

▼On November 28, Chief Executive Li Jiachao announced that he would submit a request to the central government for an interpretation of the Li Zhiying case▼


After the Department of Justice failed to appeal to the Court of Final Appeal in the Li Zhiying case, Li Jiachao asked the National People's Congress to interpret the law.

(File photo/Photo by Liang Pengwei)

This is the sixth interpretation of the law. The incident stems from the fact that Next Media Li Zhiying was approved by the court to hire British Queen's Counsel Timothy Wynn Owen (also known as: Tim Owen) to defend him in violation of the National Security Law. The government reported this to the Court of Final Appeal After the final appeal failed, Chief Executive Li Jiachao announced that he would request the Standing Committee of the National People's Congress to interpret the law.

Multi-channel|Referring to the National People's Congress for interpretation is a normal legal procedure of "one country, two systems" Jimmy Lai's appointment of the imperial court︱Li Jiachao: Requesting the National Security Law for the National Security Law and applying to postpone the trial Liang Aishi: Hong Kong people owe the country and must accept the interpretation Lie Hsien-lun writes an article questioning the interpretation of the law and criticizes seeking judicial changes: worrying about the rule of law in the past. Li Zhiying case︱Tan Yaozong: Respect and understand Lie Hsien-lun's point of view if there is no other way "interpretation of the law" "It is feasible for the Li Zhiying case|"Global Times": Can British lawyers be invited to Chinese law to have the final say on the Li Zhiying case? Tan Yaozong describes the latest news: Jimmy Lai's case at the end of the month at the earliest | Lu Wenduan: The interpretation of the law requires a comprehensive review of the implementation of the National Security Law Controversy Chen Hongyi: Interpreting the law as a last resort and the regulations need to cooperate with the National Security Law

Source: hk1

All news articles on 2022-12-30

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