The opening ceremony of the 2023 legal year was held today (16th). Secretary for Justice Lam Ting-kwok delivered a speech, quoting President Xi Jinping, saying that the central government fully supports Hong Kong’s maintenance of the common law system, and reiterated that the interpretation of laws by the National People’s Congress is in line with the principles of common law.
Lin Dingguo.
(File photo/Photo by Xia Jialang)
The common law system is one of the most important features of "one country, two systems"
According to Lam Ting-kwok, the maintenance of Hong Kong's common law system, including the judiciary, is one of the most important features of the "one country, two systems" principle.
He said that Article 5 of the Basic Law stipulates that Hong Kong will maintain its original capitalist system and way of life, which will remain unchanged for 50 years.
As for the future direction, Xi Jinping gave a clear answer in his speech in Hong Kong on July 1, 2022, "There is no reason to change such a good system, and it must be persisted for a long time."
He said that the "July 1 Speech" mentioned common law twice. The first time was that in the past 25 years, "the original laws (including common law) in (Hong Kong) have been maintained and developed..." and the second time was that The Central Government fully supports the maintenance of the common law system in Hong Kong.
Lin Dingguo said that in order to demonstrate the determination of the central government in this regard, the central government has entrusted Hong Kong with important missions, namely positioning Hong Kong as an international legal and dispute resolution service center in the Asia-Pacific region, and setting up an international mediation institute preparatory office in Hong Kong.
He said that this mission can only be achieved under the premise of maintaining the common law system and maintaining the rule of law.
In recent years, there have been voices questioning Hong Kong’s system of inviting overseas judges. Lam Ting-kwok cited the Basic Law, stating that the Court of Final Appeal may invite judges from other common law jurisdictions to participate in trials as needed, and may hire judges from other common law jurisdictions, and the court may also refer to Jurisprudence from other common law jurisdictions, these provisions help to keep Hong Kong's common law in line with international standards.
In terms of judicial independence, Lin Tingguo reiterated that the independent judicial power of the judiciary, including the power of final adjudication, is guaranteed by the Basic Law. He also quoted provisions to emphasize that the courts conduct trials independently without any interference.
He said that Xi Jinping's "July 1 speech" also recognized that "the judiciary independently exercises judicial power in accordance with the law."
The Standing Committee of the National People's Congress voted to pass the draft interpretation of Articles 14 and 47 of the Hong Kong National Security Law.
Interpretation gives no one new powers
As for the Standing Committee of the National People’s Congress’s interpretation of the "Hong Kong National Security Law", there are opinions that the interpretation expands the powers of the Chief Executive and the National Security Council, damages the independent judicial power of the judiciary, and even makes the Chief Executive and the National Security Council. Lin Dingguo said that these opinions are "completely wrong. nonsense”, emphasizing that the “NPC Interpretation”, as the name suggests, is to clarify the original meaning and purpose of the relevant provisions, and not to give anyone new powers.
He said that Article 47 of the "Hong Kong National Security Law" stipulates that if the behavior involved in the case involves national security, or whether the evidence involves state secrets, a certificate issued by the chief executive should be obtained.
Lin Dingguo emphasized that this procedure is only applicable to the above two situations, and the certificate is an irrefutable evidence that is binding on the court, but the chief executive does not exercise any judicial power.
He said that this Act also has similar provisions, and the court must obtain a certification document issued by the Chief Executive when it involves national defense, foreign affairs, and other factual issues.
Lin Dingguo emphasized that the interpretation of the law by the National People's Congress is in full compliance with the existing common law principles, that is, matters involving national security should be ultimately decided by the executive rather than the judiciary.
Lin Tingguo said that the most unique advantage of Hong Kong's common law system is tenacity.
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The most unique advantage of the common law system is tenacity
Lin Dingguo also said that after taking office, he took active actions to protect the judiciary, including issuing a statement on a suspected intimidation case against judiciary staff, and also strongly opposed the false accusations made by foreign governments regarding the judgment and sentencing of a fraud case.
As for what is the most unique advantage of Hong Kong's common law system, Lin Tingguo said that it is the tenacity of the system. The legal system has a tradition of more than one hundred years and has withstood the test of time.
He said that it is necessary to maintain and enhance the public's trust and confidence in the legal system and the judicial system, to educate the public on the basic and correct knowledge of the system, and to respond to the needs and changes of society, especially to ensure that the public can afford and have effective legal procedures. Efficient ways to seek justice.
In addition, promoting education on the rule of law and expanding the channels for seeking justice are important goals of the Department of Justice's work in the coming year.
Lai Zhiying case︱The Department of Justice started to amend the regulations, Lin Dingguo said that the first weapon: the legal tool to maintain national security
