Hong Kong and Macao Sudden Search

Last Friday (December 30, 2022), when most Hong Kong people were busy preparing for the New Year, the Standing Committee of the National People's Congress of the China National People's Congress explained again on the evening of the Hong Kong issue, which clearly pointed out that overseas lawyers must first get the Chief Executive's approval approval of the Chief Executive.In order to deal with national security cases.

Although the Chinese government did not say clearly, this interpretation obviously came to Hong Kong One Media's founder Li Zhiying.Li Zhiying, suspected of violating the Hong Kong National Security Law, has been detained for nearly two years.He appointed the British Royal Lawyer as a defense lawyer. After repeated objection to the Final Appeal of the Court of Final Appeal, the Hong Kong Law Department directly requested a clear instruction to Beijing.

As the outside world expected, the Beijing official was released again at this time, causing great attention and opposition in Western countries.Beijing insists on holding up the tremendous pressure of the European and American governments. It may be interpreted from a macro international political background.

Since the Trump administration, Sino -US relations have been in a stage of tension.Even though Biden later replaced Trump as the president of the United States, the tension between the two countries continued, and it was even less than that; for example, the National Security Strategy Report released by the White House in October last year, it claimed that "the next 10 years will be the United States and the United States andChina's competition is decisive for 10 years. "

On the international political stage, the relationship between the country and the country can be roughly divided into three relationships: enemy, opponent and friends.At present, Sino -US relations are definitely not "friends" relationships, but "competitors", and even a short distance from the "enemy" relationship.

Under this law of weak meat and strong food, the Chinese and US government should consider the relationship between the two parties from the perspective of national security, and the relationship between the two countries is full of conflict and confrontation thinking.The United States has stated in the early morning that the overwhelming challenge facing in the next few years will be from China. The official has elaborated on its face, but it is for the survival of China.

Taking the field of innovation and technology as an example, China's short film and audio platform "Douyin" has grown, which has gradually threatened the United States' leading position in the world.Following the "vibrato" of multiple state governments had banned public equipment earlier, the U.S. Congress has recently begun to examine the disabled "Douyin" and ignore whether the approach will comply with US law.

As for China, under the enclosure of the United States, the prevention of national security has also been strengthened.Li Zhiying has a long -term close connection with the US government. In 2019, it has more actively supporting demonstrators, and naturally becomes the number one enemy to be defeated by Beijing.Regarding the national security case involving Li Zhiying's collusion with foreign forces, Beijing will not allow foreign lawyers to participate, so through this interpretation, it will block national security vulnerabilities and prevent external forces from entering.

However, after all, the rule of law is the cornerstone of success in Hong Kong. The general law system is an important gold lacquer signboard in Hong Kong. This interpretation of Beijing also triggered many people to worry about weakening Hong Kong's judicial system and unique position.

According to the statistics of Wei Changhao, the founder of the National People's Congress of the United States "NPC Observer", since the implementation of the current Chinese version of the 1982 version of the 1982 version, the Standing Committee of the National People's Congress of China has 23 times.EssenceIn the eyes of some legal experts, Beijing's repeated interpretation of the issue of Hong Kong has obviously eroded the official commitment to Hong Kong's judicial independence within 50 years after the return of Hong Kong.

Of course, some of the interpretations of Beijing did directly negate the Hong Kong court's right to judge certain cases, and it is inevitable that people will feel the sense of winning.Especially in recent years, Hong Kong is committed to developing into an international legal arbitration center. In the future, more legal talents will be promoted from all over the world.Objectively speaking, the more the number of interpretations in Beijing will weaken the international confidence in international independence in Hong Kong.

But from another perspective, if the Beijing interpretation has caused difficulty damage to Hong Kong's judicial system, it is a bit exaggerated, which is not in line with the facts.

Looking back at history, in addition to this interpretation, the Standing Committee of the National People's Congress of China has explained the Basic Law five times since 1997.The first and third time was proposed by the Hong Kong Chief Executive, the fourth time was proposed by the Hong Kong Final Audit Court based on Article 158, paragraph 3, and the second and fifth time.Essence

Although Western countries have always stated that the Beijing -Explanation will destroy the rule of law in Hong Kong. Interestingly, the annual report released by the World Bank shows that the rule of law in Hong Kong has not only declined after 1997, but has risen higher and higher.Starting for a long time, it has maintained a high level of 90 points.

Different from the previous five times around the Basic Law, this time the Beijing interpretation did not directly comment on the Li Zhiying case. Instead, the ball was thrown back to the SAR government to handle it, reflecting that the central government also intends to reduce the interpretation of the judicial system of Hong Kong's Hong Kong judicial system.The shock.

In the final analysis, Beijing's interpretation of the law and Hong Kong's judicial independence is not a parallel relationship, nor is it a oppositional relationship. One -time interpretation may not damage Hong Kong's judicial independence.For international investors, their confidence in Hong Kong's business environment in recent years has more instability that Hong Kong's business environment is more based on whether the Hong Kong government can eliminate Sino -US relations.