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The National People's Congress interprets the law︱All members support: the three powers must be followed to help the court better fulfill its national security responsibilities

2022-12-30T13:08:59.658Z


Next Media's Jimmy Lai case triggered the National People's Congress' "Sixth Interpretation of the Law", indicating that according to the "Hong Kong National Security Law", if a case involving the National Security Law is hired as a defense or litigation representative who does not have full qualifications in Hong Kong


Next Media's Li Zhiying case triggered the National People's Congress' "Sixth Interpretation of the Law", indicating that according to the "Hong Kong National Security Law", 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 litigation representative, the Chief Executive Otherwise, the National Security Council shall make judgments and decisions on such circumstances based on intervention.


All members of the Legislative Council issued a joint statement, welcoming and supporting the interpretation of the law, believing that it is necessary, legitimate, legal and authoritative, and has certain legal effects, which must be followed by the administrative, legislative and judicial organs of the SAR.

The statement pointed out that this interpretation is a legal interpretation of Article 47 and Article 14 of the "Hong Kong National Security Law". It embodies the organic combination of the "comprehensive governance" of the central government and the "high degree of autonomy" of the SAR.


The statement pointed out that national security belongs to the central authority, and the central government bears the fundamental responsibility for Hong Kong's national security affairs. Safeguarding national sovereignty, security and development interests is the highest principle of the "one country, two systems" policy.

All members support the National People's Congress to interpret the law in accordance with the powers conferred by the Constitution, the Basic Law and the Hong Kong National Security Law, clarify the legislative intent of the relevant provisions, and assist the SAR in more comprehensively and effectively implementing the legal system and enforcement mechanism for safeguarding national security.

They pointed out that the current interpretation not only clarified the special status and functions of the National Security Council, authorized it to make judgments, decisions and implementation in relevant circumstances, but also reflected the main responsibility of the SAR government to maintain national security.

The interpretation of the law will also help to further promote the effective connection between the "Hong Kong National Security Law" and local laws and systems. It is an important measure to improve the SAR's legal system and enforcement mechanism for safeguarding national security, and an important measure to ensure that the "Hong Kong National Security Law" can be implemented accurately. It is of positive significance .

The statement pointed out that the interpretation of the law will help the administrative, legislative and judicial organs to improve the system guarantee for maintaining national security, and it will also help the courts to try national security cases fairly in accordance with the law, and better fulfill the responsibility of the judiciary in maintaining national security. All members support the SAR All agencies and departments correctly understand their responsibilities and jointly assume the responsibility and obligation to maintain national security.

Liang Junyan: It helps to eliminate unnecessary worries

Legislative Council Chairman Liang Junyan also issued a statement, welcoming the interpretation of the "Hong Kong National Security Law" by the Standing Committee of the National People's Congress.

The National People's Congress interpreted Articles 14 and 47 of the "Hong Kong National Security Law". Liang Junyan believes that it will help the Hong Kong Special Administrative Region understand and implement the "Hong Kong National Security Law" more accurately in the future, and prevent risks that endanger national security.

The Standing Committee of the National People's Congress made clear explanations and clarifications, eliminating unnecessary concerns and facilitating the business and investment environment.

National People's Congress Interpretation︱All Members Support: The Three Powers Must Be Followed to Help Courts Better Fulfill National Security Responsibilities NPC 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

Source: hk1

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