National People's Congress Interpretation｜Li Jiachao Emphasizes No Increase of Powers, Only Clarification of the National Security Committee and Chief Executive's Powers

The Standing Committee of the National People's Congress passed the draft interpretation of Articles 14 and 47 of the "Hong Kong National Security Law" this afternoon (30th).

Chief Executive Lee Ka-chao held a press conference in the evening, emphasizing that the interpretation did not increase the powers of the chief executive, and the chief executive did not play the role of a "judge". The interpretation clarified the legal responsibilities and obligations of the SAR government and the functions and powers of the National Security Council.

Li Jiachao reiterated that the interpretation is not aimed at the Jimmy Lai case, but the rule of law principle of the "Hong Kong National Security Law". The government's purpose is to deal with the problem of overseas lawyers who do not have the full qualifications to practice in Hong Kong. .

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 "Hong Kong National Security Law" only targets four kinds of acts that endanger national security, and some acts are not within the scope of the "Hong Kong National Security Law". Therefore, the SAR government has a constitutional responsibility to enact local legislation on Article 23 of the "Basic Law" to protect national security. .

Li Jiachao said frankly that Hong Kong's implementation of the "Hong Kong National Security Law" has achieved the expected results, but new problems have been encountered during the practice, or the public has different understandings of the "Hong Kong National Security Law", so the Standing Committee of the National People's Congress needs to interpret the law: The significance of this is that the Standing Committee of the National People's Congress is the permanent body of the country's highest power, which has the highest authority to interpret laws and has binding force, and can make a final decision to avoid social controversy."

He emphasized that the interpretation of the law is mainly to deal with the problem of overseas lawyers without local full qualifications, and this only involves the cases of the "National Security Law". "Irrelevant: "Since Hong Kong promulgated the "National Security Law", the overall implementation has achieved results in maintaining national security. Hong Kong society has returned to stability, and many cases involving national security are activities and behaviors that occurred in 2019 And the resulting cases.” He believes that the number of cases endangering national security will gradually decrease.

The chief executive has too much power under the national security law?

Li Jiachao: The National Security Committee is composed of many people

Li Jiachao said that Article 47 of the "Hong Kong National Security Law" clearly mentions the issue of certification, which means that the chief executive issues a certificate.

He emphasized that before issuing the certificate, the chief executive will fully consider all factors and the information he has already obtained, etc., to judge whether the act involves national security and state secrets.

At the same time, according to Article 14 of the "Hong Kong National Security Law", the Hong Kong National Security Council has the right to make judgments and decisions on whether it involves national security issues, and the National Security Council's decision has enforceable legal effect.

In addition to being the chief executive, Li Jiachao is also the chairman of the National Security Council.

When asked whether he has a lot of power and whether he is worried about making incorrect decisions, Li Jiachao said that when making any decision, the National Security Council will fully consider the legal provisions, including the "Basic Law", "National Security Law" and local laws. The relevant decision must conform to legal principles.

He also emphasized that there are different members in the National Security Council, including three directors, the Secretary for Security, three directors, the chief executive officer, and a national security adviser appointed by the central government. As the chairman, he can promote discussions and agendas, but all decisions are subject to It was made by the entire National Security Council, not by him alone.

Denying Interpretation Acts Affect the Rule of Law

When asked whether the interpretation of the law would have any sequelae affecting the rule of law, Li Jiachao reiterated that the interpretation of the law shows to the society and international people how the central government and Hong Kong are prudently handling and attaching importance to the principle of the rule of law, and the legal profession also attaches importance to acting in accordance with the law. The interpretation fully reflects the rule of law In principle, I believe that this interpretation of the law has a positive effect, so that citizens and the outside world can better understand how the "Hong Kong National Security Law" protects the rights of the defendant.

Li Jiachao emphasized that overseas lawyers "will welcome" cases that do not involve the National Security Law, pointing out that this time they are only targeting crimes that endanger national security.

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)

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.