After the Court of Final Appeal rejected the Department of Justice's challenge to British Queen's Chief Justice Tim Owen on behalf of Jimmy Lai, the former Secretary for Justice Leung Ai-sze, who wrote an article in support of the final court's ruling, explained her considerations on the day today (3rd), emphasizing that she never opposed the interpretation of the National People's Congress. It’s just that before the SAR government made a decision, some people have proposed that if the government loses the case, it will have to interpret the law: “I don’t like this kind of behavior very much, and it shouldn’t affect the court’s decision.”
She also pointed out that the National Security Council is composed of a group of senior government officials, and I believe it is not easy to make mistakes.
But she said that if people do not have confidence in officials, there is nothing she can do.
After the Court of Final Appeal made its ruling on November 28 last year, Leung Oi-sze wrote an article titled "Supporting the Court of Final Appeal's Ruling in the Jimmy Lai Case" and immediately published it. On the evening of the same day, Chief Executive Li Jiachao announced that he would seek an interpretation from the National People's Congress.
In the article, Leung Oi-sze stated that she agreed with the Final Court’s rejection of the government’s appeal ruling, but added that she hadn’t read the judgment at the time; she also urged in the article that overseas barristers coming to Hong Kong should be dealt with according to the existing local legal procedures, and even asked some British lawyers who did not understand the National Security Law , "How much experience do Hong Kong barristers have?" At the end of the article, she asked, "Someone asked for an interpretation of the law. Which one?"
When Elsie Leung was interviewed by NOW News Channel today, she was asked if she thought there was no way to interpret the law: "I have no reason to object to the interpretation. The SAR government did not propose an interpretation at the time, but some people came out and said that if the government loses, we will I don’t like this kind of behavior, and it should not affect the court’s decision.” That’s why she proposed which law to interpret?
She thinks the Standing Committee of the National People's Congress has dealt with it this time quite shrewdly.
I have no reason to object to the interpretation of the law. At the time, the SAR government did not propose an interpretation of the law. However, some people came forward and said that if the government loses, we will apply for an interpretation of the law. I don’t like this behavior very much and it should not affect the court’s decision.
Former Secretary for Justice Elsie Leung
The Standing Committee of the National People's Congress passed the interpretation of Articles 14 and 47 of the "Hong Kong National Security Law" on December 30 last year, stating that if overseas lawyers without local practice qualifications want to participate in local cases involving national security laws, they should first obtain a certificate issued by the chief executive , if the court does not file an application, it will be handed over to the National Security Council for judgment.
▼On December 30, 2022, the Standing Committee of the National People's Congress passed the interpretation of the "Hong Kong National Security Law"▼
Liang Aishi, who was the deputy director of the Basic Law Committee, believed that the Standing Committee of the National People's Congress only explained the procedures and did not expand the power of the National Security Council.
She said: "The Standing Committee of the National People's Congress made this decision to respect the high degree of autonomy of the SAR. The central government also bears the fundamental responsibility for national security. It clarifies the legal interpretation and clarifies how to do the procedure, and leaves the matter to the SAR government to handle by itself." .”
The NPC's Interpretation of the Law Did Not Create Powers for the Chief Executive
She emphasized that the Standing Committee of the National People's Congress handled this time quite appropriately, not only respecting the country's overall governance power, but also respecting the SAR's high degree of autonomy, and integrating the two organically.
The SAR government is responsible for implementing the National Security Law. If there is a problem with the implementation, it is appropriate to report to the central government and seek instructions.
She also took the initiative to respond to some people's concerns that the interpretation of the law has created power, emphasizing that the central government has not made any decisions on relevant cases this time, but only interpreted the law and clarified the powers granted to the Chief Executive.
She also pointed out that the Standing Committee of the National People's Congress has not made a decision on whether overseas lawyers can participate in national security law cases, but it is left to the chief executive for judgment.
Essie Leung: I believe that the National Security Council will not make mistakes easily
When asked if the National Security Council makes a wrong decision, how will citizens' rights be protected?
Essie Leung believes that the National Security Council is composed of the Chief Executive, the three directors, and the Commissioner of Police and other high-level officials, and I believe it is not easy to make mistakes: "I believe that the decisions they make are not easy to make mistakes, but if you have no confidence in people at all, you have no confidence in any government officials, There is no confidence in any authority, and I don't think there is anything I can do, to give you confidence in the National Security Council that it will perform its duties reasonably and legally."
(If the National Security Council makes mistakes, how can the rights of citizens be protected?) I believe that the decisions they make are not easy to make mistakes, but if you have no confidence in people, any government officials, or any authority, I don’t think I can do anything about it. You have confidence in the NSC to discharge its duties reasonably and lawfully.
Former Secretary for Justice Elsie Leung
Finally, she pointed out that the National Security Law cases involve a lot of undisclosed confidential information, which will affect law enforcement and the relationship between countries, and it cannot be expected to be fully disclosed to the public.
▼On November 28, 2022, Chief Executive Li Jiachao announced that he would request the National People's Congress to interpret the Jimmy Lai case▼
Interpretation of the law by the National People's Congress is the national security education of the Hong Kong government. Sun Weiyong | Example: Chen Hongyi: Overseas lawyers can be banned from participating in the national security case. How does the "certificate" mechanism of the chief executive work?
Li Zhiying's employment certificate was overturned?
National People's Congress Interpretation︱Judiciary: Respect legally binding interpretations and handle Guoan case impartially｜Chen Hongyi: No denial of the final court ruling. Li Zhiying can apply for a certificate to the Chief Executive. The National Security Council, the Chief Executive's Powers, and the National People's Congress Interpret the Law｜If you hire an overseas lawyer in a national security case, you need a certificate from the chief executive, otherwise the National Security Council should intervene