Chairman of the Hong Kong Lawyer Association: Article 23 adopts the definition of the

The chairman of the Hong Kong Lawyers Association Du Yan pointed out on Article 23 of the Basic Law that the use of "national security" in mainland China is defined with cases. At the same timeIt is in line with the spirit of "one country, two systems".

Du Yizheng wrote on Monday (February 12) in the Sing Tao Daily, Hong Kong, saying that he was asked on multiple occasions that the SAR Government suggested in Article 23 of the Legislative Consultation Documents that use the national security of the People's Republic of China.The definition of "national security" in Article 2 of Law.

According to Article 2 of the National Security Law, national security refersThe state of threats and the ability to ensure the state of continuous security.

Du Yan wrote that the definition of "national security" in the current public security regulations and community regulations in Hong Kong, that is, "defending the territorial integrity and independence of the territoriality of the People's Republic of China", and Article 2 with the National Security Law of the People's Republic of ChinaThe definition of "national security" is inconsistent, and the latter covers a wide range.

He quoted a case in 2011 and a case involving the Democratic Republic of the Congo in 2011. He pointed out that the court said in the judgment that the way of dealing with diplomatic affairs in the Hong Kong Special Administrative Region cannot be different from the People's Republic of China, and it must be necessary, and it is necessaryIn accordance with the "one sound" principle, the court and the administrative organs must speak "a sound" to the matter.

Du Yan believes that this case may be extended an analogy -since the general law believes that the entire country should deal with foreign affairs in the judicial policy and practical rules, the Hong Kong Special Administrative Region belongs to the indiscriminate part of the People's Republic of China.The definition of "national security" should also be consistent."This principle believes that when the SAR government conducts local legislation on the standard or definition of the" national security ", it is recommended to quote an important consideration of the definition of the Mainland."

He also said that the Hong Kong Special Administrative Region under the two systems also said thatThe court will continue to judge the case in the principle of the general law in the process of trial related cases.