"Next Media" founder Li Zhiying's case of employing foreign lawyers quoted and interpreted the law. 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" yesterday (30th), clarifying that overseas lawyers who do not have full qualifications in Hong Kong Lawyers or barristers need to obtain a certificate from the Chief Executive when handling cases involving the National Security Law. The Hong Kong National Security Committee also has the right to make judgments and decisions on whether it involves national security issues.
Tan Huizhu, deputy director of the Basic Law Committee who appeared in Beijing and participated in this NPC Standing Committee meeting, said in a radio interview this morning (31st) that the interpretation of the law will not affect Hong Kong's judicial power at all, emphasizing that there is no harm to the Hong Kong court during the discussion process. To make any criticism is to strengthen the powers granted to Hong Kong. It also said that in the past when dealing with national security issues, the administration and judiciary were somewhat confused, and reiterated that issues related to national security should be resolved by the executive power.
▼ On December 30, Chief Executive Li Jiachao responded to the National People's Congress on the interpretation of the "Hong Kong National Security Law"▼
+1
Tan Huizhu said that this interpretation of the law will not affect the judicial power at all, and during the discussion process, he did not make any criticism of the Hong Kong courts. In national security cases, overseas lawyers or barristers who do not have full qualifications to practice in Hong Kong must obtain a certificate from the Chief Executive.
She said that the certificate was also involved in the Congo (Kinshasa) case in 2011, and the steps to obtain the certificate will not affect the independence of the trial.
She also said that another point of the interpretation states that if the Hong Kong court fails to submit a certificate to the Chief Executive and obtain a certificate, the National Security Council also has the right to judge whether it involves national security in accordance with Article 14 of the "Hong Kong National Security Law", and the administrative and judicial agencies, as well as any The power of the machine cannot be interfered with, and the decision of the National Security Council must be respected and implemented, that is, if there is a problem with the representative court, it can obtain a certificate from the chief executive according to Article 47.
Tan Huizhu, Deputy Director of the Basic Law Committee.
(File photo/Photo by Zhang Haowei)
The current "Legal Practitioners Ordinance" does not specify whether foreign lawyers can or cannot handle Hong Kong national security cases. Chief Executive Lee Ka-chao said yesterday that he would consider amending the regulations.
Tan Huizhu said that the regulations will be amended, but Beijing has not discussed how to amend the regulations. She also said that this interpretation does not directly state whether foreign lawyers can participate in national security cases, and it will be finally left to Hong Kong to decide and solve the problem, which is different from the previous five times. The interpretation of the law this time is to strengthen the powers granted to Hong Kong and hand it over to Hong Kong for its own use.
Tan also said that in the past, in Hong Kong, the administration and the judiciary were somewhat confused in various aspects, including the handling of national security issues. Jurisprudence and rationale are sufficient to determine whether a conviction is sufficient. Therefore, the transfer of the national security case to the National Security Commission for judgment is also an exercise of administrative power and does not affect the independent judicial power.
Jimmy Lai.
(profile picture)
The National People's Congress Interpretation︱National Security Office: It is of great significance to clarify the responsibilities of the National Security Committee and the Chief Executive. Cha Xi, I doubt that the interpreted provision does not cover the employment of lawyers, but the National People's Congress has made a final decision. The National People's Congress interpreted the law on the same day｜Judicial institutions: Respect legally binding interpretations and handle the Guoan case impartially｜Chen Hongyi: No denial of the final court ruling. Li Zhiying can apply for a certificate from the Chief Executive｜Tang Yingnian, Standing Committee of the Chinese People's Political Consultative Conference: Yes The legal basis is legal, reasonable and reasonable, and the National People's Congress interprets the law｜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 of the parliament support: the three powers must follow the National People's Congress's interpretation of the law to help the courts better fulfill their national security responsibilities｜Li Jiachao emphasized that there is no increase in powers, only to clarify the National Security Committee and the Chief Executive's duties and powers The decision of the Standing Committee of the National People's Congress Li Jiachao welcomes the interpretation of the National Security Law: Consider revising the regulations on legal practitioners