The Hong Kong Special Administrative Region Government submitted the draft and second reading of the 2023 Legal practitioner (revised) regulations to the Legislative Council on Wednesday (March 22) to regulate overseas lawyers to go to Hong Kong to participate in Hong Kong to involve involved in the wayLitigation of national security cases.Lin Dingguo, director of the Secretary for Law of Hong Kong, said that the bill will not adversely affect the rule of law in Hong Kong.
According to the Sing Tao Daily of Hong Kong, Lin Dingguo said that in order to effectively implement the spirit of the National People's Congress Standing Committee of the National People's Congress of China, the spirit of explaining the National Security Law of the Hong Kong and cope with the potential national security risks brought by overseas lawyers participating in the national security caseAnd fulfilling the Hong Kong Government's responsibility for maintaining national security under the National Constitution Basic Law and the Hong Kong National Security Law, official proposal amendment, optimizing and improving the legal framework of overseas lawyers participating in the national security case by project.
Lin Dingguo reiterated that the proposal of repairing the proposal is only applicable to the application submitted by the project after the legislation is effective, and only applicable to cases involving national security.He emphasized that the amendment suggested that the rights of the rule of law and the court's independent judicial power and final trial power, and even the rights of all parties to choose legal representatives and the right to accept fair interrogation did not adversely affect.It is a legitimate, coincidental and reasonable arrangement to recognize the Chief Executive's project on the project of the Guoan case, and there is no power to increase the power of the Chief Executive under the National Security Law.
The draft of the amendment regulations In accordance with Article 47 of the Hong Kong National Security Law, the Hong Kong government's case involving national security in the case that endangers national security crimes involves national security and evidence involves the issue of national confidentiality.The Chief Executive has obtained certification and is binding on the court; whether overseas barristers who have no qualifications to practice in Hong Kong can serve as a defender who harm the criminal case of national crimes, it is also the issue of certification stipulated in Article 47 of the Hong Kong National Security Law.
Lin Dingguo said that there are three fundamental principles of the regulations. Whether overseas barristers can serve as a defender or agent that endangers criminal cases that endanger national criminal cases, it is handling one by one, not one -size -fits -all; and handling it in a project manner.It belongs to the special case; the exception means that the Chief Executive has sufficient reasons. It is believed that the applicant's practice or acting does not involve national security, which may not be good for national security.
In addition, Lin Dingguo said that the regulations are only applicable to cases applied for projects after legislation, and cases that are not applicable before the provisions are effective.Safe cultural cases.In addition, when the Chief Executive has changed the situation after the project approved and the situation changes, the Chief Executive can review the relevant matters.He also said that the regulations indicate that the Chief Executive has the right to decide, and it is not allowed to ask any questions about the decision of the Chief Executive, including judicial review.
