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The National People's Congress interprets the law | Li Zhiying's case triggers the first interpretation of the National Security Law process

2022-12-30T12:03:47.444Z


Jimmy Lai, the founder of Next Media, hired Tim Owen, Queen's Counsel, to come to Hong Kong to defend his case of violating the "Hong Kong National Security Law", which eventually led the Hong Kong government to seek an interpretation from the Standing Committee of the National People's Congress.


Jimmy Lai, the founder of Next Media, hired Tim Owen, Queen’s Counsel, to come to Hong Kong to defend his case of violating the "Hong Kong National Security Law", which eventually led the Hong Kong government to seek the interpretation of the law by the Standing Committee of the National People's Congress, which is the sixth interpretation of the National People's Congress since the handover. It is the first time that the Standing Committee of the National People's Congress has interpreted the "Hong Kong National Security Law".


Paradoxes appeared in the process of the interpretation of the law this time. Since the chief executive submitted the report requesting the interpretation of the law to the central government, members of the Standing Committee of the National People's Congress, including Tam Yaozong, suddenly "breathed the wind", saying that it would be ideal for Hong Kong to resolve the problem by itself. No speculation about interpretation.

However, when Li Jiachao returned to Hong Kong after completing his first trip to Beijing to report on his duties, he said that the central government will soon make a decision on the interpretation of the law, which reflects that the interpretation of the law is imperative and is likely to proceed at full speed.


The Court of Final Rejects the Attorney General's Petition to Prevent Lai Chi-ying from Hiring the Queen

The "Hong Kong National Security Law" was officially promulgated on June 30, 2020. In August of the same year, the National Security Office searched the headquarters of Next Media Group and the Hong Kong "Apple Daily" office, and arrested Li Zhiying and many others.

In the end, Jimmy Lai, six senior executives of Next Media and "Apple Daily", together with three companies under the group, were suspected of violating the "Hong Kong National Security Law". , invitation to sell, distribute, display or reproduce seditious publications and other crimes.

On October 19 this year, the Hong Kong High Court approved Jimmy Lai to hire Tim Owen, Queen's Counsel of the United Kingdom, to defend him in court according to the "special case approval" method under the "Legal Practitioners Ordinance". The court judgment mentioned that "Tim Owen participated in this The proposal will bring about positive and positive contributions.”

The Attorney-General then appealed, but the High Court dismissed his application.

The Department of Justice then directly applied to the Court of Final Appeal for permission to appeal. However, the Court of Final Appeal issued a written ruling on November 28, three days before the trial of the Li Zhiying case, rejecting the application of the Department of Justice.

The chief executive then asked the National People's Congress for an interpretation of the law

Chief Executive Li Jiachao immediately announced on the evening (November 28) that he would submit a report to Beijing on the "Hong Kong National Security Law", and at the same time requested the National People's Congress to interpret the law. Can barristers participate in the handling of criminal cases endangering national security in any form?" The Department of Justice also applied to the High Court to postpone the trial date of Jimmy Lai's case. The case was adjourned until September 25 next year.

Liang Aishi once wrote an article questioning: Someone asked for an interpretation of the law, which one should be interpreted?

However, it seems that there is no consensus within the establishment on whether to apply for an interpretation of the Li Zhiying case.

Because, before Li Jiachao officially announced that he would submit to the National People's Congress for interpretation, an article written by the former Secretary for Justice and former deputy director of the Basic Law Committee, Leung Oi-sze, just leaked out.

In the article, Elsie Leung expressed support for the judgment of the Court of Final Appeal, arguing that overseas barristers should be dealt with in Hong Kong according to the existing local legal procedures.

She even refuted in the article, "Some people say that British lawyers do not understand and have no experience with Hong Kong's national security law. How much experience do Hong Kong barristers have?", "The Basic Law is a socialist law with Chinese characteristics, how much do Hong Kong lawyers understand? "

Leung Oi Sze once wrote an article supporting the judgment of the Court of Final Appeal (data picture)

Elsie Leung explained that other countries have more experience in handling national security law cases than Hong Kong. If the court considers that Tim Owen is qualified, there is no reason to object.

At the end of the article, she also questioned the "interpretation of the law" "someone asks for an interpretation of the law, which one should be interpreted?".

However, she added that "there is no objection to the interpretation".

Some people say that British lawyers do not understand and have no experience with Hong Kong's national security law. How much experience do Hong Kong barristers have?

The Basic Law is a socialist law with Chinese characteristics, how much do Hong Kong lawyers understand?

Someone asked for an interpretation of the law, which one should be interpreted?

Former Secretary for Justice Elsie Leung

After the government proposed the interpretation, politicians generally expressed their support.

Among them, Liang Zhenying, vice chairman of the National Committee of the Chinese People's Political Consultative Conference, expressed support for Li Jiachao's request to the National People's Congress to interpret the ruling of the Court of Final Appeal's dismissal of the Department of Justice's appeal. He believed that the court's decision and rationale to allow British barristers to come to Hong Kong to handle cases involving the "National Security Law" was a "big mistake." Wrong", with far-reaching consequences.

Tam Yiu-chung: It is best for Hong Kong to resolve itself

Tan Yaozong, a member of the Standing Committee of the National People's Congress, also pointed out that hiring foreign barristers is "should not be suitable" and violates the original intention of the Standing Committee of the National People's Congress. It also involves issues of state secrets and external forces. He believes that foreign lawyers should not be allowed to participate, " If this situation cannot be changed, it will be up to the Standing Committee of the National People's Congress to interpret and adjust the relevant issues."

However, when the Standing Committee of the National People's Congress announced that there were no legal interpretation items on this month's agenda, Tam Yaozong said: "I don't know what the central government thinks, but I think it is best for Hong Kong to solve it by itself", "There is still time to study, there is no need to rush It will be decided within a certain period of time.” This statement immediately arouses speculation that there is no need for an interpretation.

"I don't know what the central government thinks, but I think it's best for Hong Kong to solve it by itself." National People's Congress Standing Committee Member Tam Yaozong

Lit Hsien-lun threatens to undermine Hong Kong justice

In fact, some people in Hong Kong’s legal circle questioned this interpretation, including Henry Litton, a former permanent judge of the Court of Final Appeal, who wrote a long article of nearly 4,000 words titled “Threat to Judicial Independence”. Oppose the interpretation of the law by the National People's Congress.

He believes that the Lai Zhiying case does not involve "state secrets", and the common law handles related issues organically.

He bluntly said that once the "interpretation" overturns the ruling of the Court of Final Appeal, "the fundamental confidence in the legal system will be seriously shaken. It will be like an earthquake, and it will be difficult to rebuild stability. The judiciary will change forever, and the rule of law that exists today will become a thing of the past."

The fundamental confidence in the legal system has been severely shaken, and it will be like an earthquake, making it difficult to rebuild stability.

The face of the judiciary will change forever, and the rule of law that exists today will be a thing of the past.

Lit Hin-lun, former Permanent Judge of the Court of Final Appeal

Lu Wenduan: The question is not whether to interpret the law?

but how to interpret

However, Lu Wenduan, vice chairman of the All-China Federation of Overseas Chinese, wrote an article in a newspaper last Thursday (22nd), which seems to have predicted that the interpretation of the law is imperative.

He stated in the article: "The question now is not whether to interpret the law, but how to interpret the law."

Lu Wentuan believes that "handling by oneself" cannot guarantee that unpredictable legal challenges and problems will not arise again, and believes that only the interpretation of the law by the National People's Congress can fundamentally solve the problem.

However, he believes that the report of the "Twentieth National Congress" mentioned the need to "improve the judicial system and legal system of the Special Administrative Region." Therefore, it is impossible for the National People's Congress to only deal with the issue of whether to hire overseas lawyers, but to consider the overall implementation of the "National Security Law". Make adjustments.

The question now is not whether to interpret the law, but how to interpret the law.

Handle it yourself, there is no guarantee that unpredictable legal challenges and problems will not arise again Lu Wenrui, vice chairman of the All-China Federation of Returned Overseas Chinese

The chief executive, Lee Ka-chao, returned to Hong Kong last Saturday (24th) after finishing his trip to Beijing to report on his duties.

In response, Tam Yiu-chung said that he believes that this meeting of the Standing Committee of the National People's Congress has the opportunity to add a law interpretation agenda, and it is also technically feasible. The document will be discussed and reviewed at that time, and it can be passed without any problems.

Lu Wenduan, vice chairman of the All-China Federation of Overseas Chinese, directly pointed out that the problem is not whether to interpret the law, but how to interpret the law.

(File photo/photo by Zheng Zifeng)

Li Zhiying case|Tam Huizhu: If the new interpretation agenda is the fastest or the draft will be received tomorrow︱Li Jiachao believes that the central government will soon decide. Implementation Situation Jimmy Lai Case︱Tan Yaozong: Respect and understand Lie Hsien-lun’s point of view, if there is no other way, "interpretation" is feasible

Source: hk1

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