In response to the Hong Kong High Court rejected anti -repair songs to be applied for a ban on Hong Kong, the Department of Justice said that the High Court should give the proportion of Ling driving in response to the national security matters when he tried the case, so he decided to appeal the court.
According to the Hong Kong Sing Tao Daily, the Hong Kong Department of Justice on Wednesday (August 9) said in the appeal notice uploaded by the Hong Kong government website that the high court considers whether to approve the temporary prohibition order, and the mistakes are generally not used in mistakes.The commentary tests involved in the national security case did not consider the prohibition of the prohibition to help the implementation of the criminal law to maintain national security. The penalty of errors and narrowingly focused on the ban on the prohibition of the cadres than the punishment that violated the ban.
The Department of Justice said that the Chief Executive has proven that the behavior of four publicity or dissemination willing songs involves national security, constitutes the risk of national security, and violates the interests of national security.Binding, so the court must give the chief executive's opinion to the greatest proportion.However, when the court evaluates the risk of Guoan, in addition to the lack of sensitive intelligence, the special knowledge and functions of Guoan, it only gives a large proportion of the National Security matters and the Chief Executive's certificate, rather than the proportion of lingering, and it is a legal mistake.
The Department of Justice believes that there are no compatibility issues and no conflict on the implementation of the ban on the ban and the criminal prosecution. In order to maintain the national security, the two should be parallel, and the ban can be remedied for the shortcomings of criminal prosecution.
The Department of Justice emphasized that when the court judge whether there is a real function of the prohibition order, it is necessary to consider the certification of the Chief Executive's Certificate.The purpose of making an incitement diagram and the purpose of creating willingness to be glory is to stimulate the emotion of resistance and the belief of being separated from China, and the criminal behavior of insulting the national anthem is to attract the emotions that support "Hong Kong independence" and endanger national securityEssence
Aiming at the "one crime, two trials" of criminal prosecution and civil contempt of court lawsuits for the suspension of the ban on the suspension of the suspension of the suspension of the suspension.The court will ensure that the defendant is not treated with any unfair treatment, and the prohibition order and criminal prosecution are parallel. Compared with criminal prosecution, it is more effective to prevent, stop and punish four illegal acts.
The Hong Kong Department of Justice entered the High Court to apply for a ban order in June this year. Four "illegal behaviors" related to wishing glory are prohibited, including prohibition: on the Internet or any other platform media, Publishing, selling, etc., including melody and lyrics; relying on this intention to insult (China) the national anthem, causing misunderstanding to be willing to glory is the national anthem of the Hong Kong Special Administrative Region, not the Volunteer forces for songs;Others implement or participate in any acts listed in the first two points; know, authorize, or allow others to implement or participate in any first two points.
Chen Jianqiang, a judge of Hong Kong High Court, issued a resignation on July 28. When considering this application, he must take into account the right to speech, especially if the bidding order may have a "cold cicada effect", that is, motivation, that is, motivationThose who are innocent may be afraid of the serious consequences of violating the ban order, so they choose not to participate in the legitimate activity involving the song. Considering that the behavior of the ban has been cited to deal withEssence
