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National People's Congress Interpretation︱Law Society: Cooperate with the government in the process of considering amendments to the "Legal Practitioners Regulations"

2022-12-31T10:51:48.064Z


The Standing Committee of the National People's Congress interpreted Articles 14 and 47 of the "Hong Kong National Security Law", and confirmed that foreign lawyers hired in national security cases should obtain a certificate from the chief executive, otherwise the National Security Committee should make a judgment and decision. but


The Standing Committee of the National People's Congress interpreted Articles 14 and 47 of the "Hong Kong National Security Law", and confirmed that foreign lawyers hired in national security cases should obtain a certificate from the chief executive, otherwise the National Security Committee should make a judgment and decision.

However, the Interpretation did not give direct instructions on Li Zhiying's employment of the British Queen's Counsel. The Legal Affairs Committee believes that Hong Kong should promptly revise and improve relevant local laws such as the "Legal Practitioners Ordinance" to solve the problems encountered in the implementation of the "National Security Law".


The president of the Law Society, Chen Zeming, said that there is no doubt that the Standing Committee of the National People's Congress has the statutory power to interpret the "Hong Kong National Security Law", and it will maintain close cooperation with the government in the process of considering the relevant amendments to the "Legal Practitioners Ordinance".


Chen Zeming issued a statement pointing out that Article 67(4) of the Constitution clearly states that the Standing Committee of the National People's Congress has the power to "interpret laws," while Article 45, paragraph 2, of the Legislative Law stipulates that new situations that arise after the enactment of laws need to be clarified. The applicable legal basis shall be interpreted by the Standing Committee of the National People's Congress.

The "Hong Kong National Security Law" also stipulates that the power of interpretation belongs to the Standing Committee of the National People's Congress, and when it is inconsistent with local laws, the "Hong Kong National Security Law" shall prevail.

The statement also cited Article 2 of the Basic Law, stating that the SAR enjoys independent judicial power and the power of final adjudication, while Article 35 states that "Hong Kong residents have the right to choose a lawyer."

Chen Zeming pointed out that this interpretation has clarified the legislative intent of some provisions of the "Hong Kong National Security Law", including the mechanism for lawyers to participate in national security law cases. The relevant professional committees under the Law Society will further study this interpretation.

Interpretation of the law by the National People's Congress︱The non-official members of the guild issued a statement to firmly support the National Security Council and the Hong Kong government to follow up and implement the interpretation of the law by the National People's Congress|Ye Liu: The chief executive is empowered, not expanded, and the use of power will consider the overall interests without restricting the interpretation of the National People's Congress|Huizhu Tam: Does not affect the judiciary of Hong Kong, clarifies the administrative power to deal with national security issues, and the National People's Congress interprets the law|Chen Hongyi: No denial of the final court ruling, Jimmy Lai can apply for a certificate from the Chief Executive.

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 interpretation of the National People's Congress|Li Jiachao emphasized that there is no increase in power, only to clarify the duties and powers of the National Security Committee and the Chief Executive

Source: hk1

All news articles on 2022-12-31

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