Xia Baolong, director of the Hong Kong and Macao Affairs Office, said today (13th) that the "Hong Kong National Security Law" has the legal effect of overriding and preferential application. If there are inconsistencies in local laws, the SAR should take the initiative to amend local laws to make them organically unified with the "National Security Law". .
Chen Hongyi, a member of the Basic Law Committee and chair professor of constitutional law at the Faculty of Law of the University of Hong Kong, said that apart from the "Legal Practitioners Regulations" involving the qualifications of overseas lawyers, there is no need to amend other laws for the time being.
He said that if Hong Kong's original laws conflict with the "National Security Law", even if no amendments are made, it may become invalid, and the final decision will be made by the court.
When asked whether overseas lawyers should be “uniformly” prohibited from participating in national security cases, Chen Hongyi pointed out that the current controversy is mainly related to Article 27(4) of the Legal Practitioners Ordinance, which empowers the court to approve overseas lawyers to practice in individual cases qualifications.
Chen believes that the relevant provisions should be dealt with first, and other matters are not urgent, and foreign lawyers with full local qualifications should not be restricted from participating in national security cases.
Liang Meifen.
(Photo by Lin Aiyi)
Liang Meifen: Hong Kong courts do not have the right to
interpret the National Security Law.
Leung Mei-fen, another member of the Basic Law Committee, pointed out that China is a statutory law country, and every legal provision needs to be considered together with other legal provisions. The original intention of the "National Security Law" is to believe that the SAR government can formulate a specific legal system, and to study which laws need to be amended , and truly implement the "National Security Law".
She said that the "National Security Law" is a national law, but it is based on "one country, two systems" and allows Hong Kong courts to hear national security cases, but does not grant Hong Kong courts the right to interpret the law. The National Security Council has assumed its responsibilities and exercised its powers to improve the laws of Hong Kong.
She said that it is very clear that the SAR government has the power to deal with the details of the implementation of the "National Security Law". The Legislative Council and the SAR government should take the initiative to clarify the unclear areas of the law and not repeat the practice of seeking the National People's Congress to interpret the law. .
As for whether to "one size fits all" prohibit all overseas lawyers from handling national security cases, Liang said that she needs to continue to listen to the opinions of the industry, but she believes that overseas lawyers without full professional qualifications are not suitable for handling national security cases.
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