Writing: Cheng Xue
The Standing Committee of the National People's Congress is currently reviewing the National Security Law (draft) of the Hong Kong Special Administrative Region of the People's Republic of China. It is reported that it will clearly stipulate the specific criminal responsibilities of the four types of crimes such as splitting national power, terrorist activities, and collusion of external forces.The outside world is most concerned about how to enforce the Hong Kong version of the National Security Law. Li Jiachao, the director of the Hong Kong Security Bureau, said in an interview with the media a few days ago (June 15) that it is expected that this week to the 23rd of Macau from Article 23 of the Basic Law this week,The practice of maintaining the National Security Council.As Li Jiachao said, the nature of the national security issues between the two places is the same and different. So, what experience is it worth learning from Hong Kong?
Five functions, Hong Kong will follow the foot?
When the Deputy Director of the Hong Kong and Macau Office of the State Council attended the Basic Law Seminar hosted by the National Hong Kong and Macao Research Association on June 15, it was mentioned that the Hong Kong version of the National Security Law is a comprehensive law that includes three legal content characteristics including physical law, procedural law, and organizational law; however,, Macau's own formulation and adopting the maintenance of the National Security Law in 2009 was only a physical law, that is, at that time, it only regulated relevant rights and obligations.Acts such as political activities and establishing connections with foreign countries with foreign countries are listed as criminal crimes, but there is no content that covers the procedure law or organizational law.
Luo Weijian, Vice President of the National Hong Kong and Macau Research Association and director of the Constitution and Basic Law Research Center of the University of Macau, pointed out in the Hong Kong 01 inquiry that the maintenance of the National Security Law by Macau in 2009 has initially used the existing law enforcement procedures, that is, the Division Police DepartmentInvestigation, the procuratorate sued, the court tried, but did not make special regulations on the investigation, and there were no relevant special organizations.Therefore, in the past 11 years, the Macau authorities have been revised and filled with the supporting bills, and gradually improved the content of law enforcement and trials lacking in the National Security Law.One of the most important steps is to establish the Macau Macau Maintenance National Security Council in September 2018 to manage and maintain national security with special organizations.
The Macau Maintenance of the National Security Council has five major functions.The primary function is to coordinate and coordinate the work of Macau to safeguard national sovereignty, security and development, and study how to implement relevant deployment and chief executive instructions.Luo Weijian explained that the entire SAR government has the responsibility to maintain national security, so a specialized organization needs to establish a cooperation of various departments.Director of the Secretary, Director of the Law Bureau, Director of the General Administration of Police, Director of the Judicial Police Department, and director or consultant of the office of relevant departments.
The second function is to analyze and judge the national security situation in Macau, that is, by following the observation and understanding of the security status of Macau, analyze what vulnerabilities and dangers exist, and make suggestions and improve it.The third is to assist the Macau Special Administrative Region to formulate a policy to maintain national security.Luo Weijian said that the significance of this work is to propose specific measures.For example, in February 2019, the Macau Legislative Council passed the amendment of the Outline Law of the Judicial Organization, stipulating that only the judges and the prosecutor's judge of the procuratorate belonging to Chinese citizens can be assigned to deal with cases involving the National Security Law, because foreign judges may have conflicts in interest when trial trials.Essence
The fourth function of the committee is to coordinate the construction of the national security legal system of the Macau Special Administrative Region.Luo Weijian emphasized that the committee's responsibilities are only to establish a bill. As for whether it can be implemented, it is necessary to pass the local legislative procedures.In addition, the committee will handle other related matters, but there is no specific information to disclose what it is.Luo Weijian reminded that no matter what form of Hong Kong to set up a maintenance of Guoan, it is necessary to handle the relevant work of the Macau National Security Council.
Under the confidential order, bypass the Legislative Council?
Article 16 of the Macau Special Administrative Region Maintenance of the National Security Council's administrative regulations stipulates that the issues, content, conference records and related auxiliary documents of the committee meeting, and the work of the office are all confidential; in other words, the chairman of the committee can only terminate the confidential order.In addition, Jinxin, a member of the Legislative Council of the Macau Democratic School, said in an inquiry of the media a few days ago that the commission's functions are relatively wide and abstract, and Macau has no incidents that threaten national security in recent years, so the committee has not explained work details to the Legislative Council.All these are worrying about MDASH; mdash; if Hong Kong imitates the establishment of Macau to maintain the National Security Council, then, does the relevant agency only need to account for the central government without accepting the supervision of the Legislative Council?
In this regard, Luo Weijian responded that he must first understand the relationship between administrative agencies and legislature according to the Basic Law.Whether it is the Macau Basic Law (Article 50, 15) or the Hong Kong Basic Law (Article 48, 11), it clearly states that according to the needs of the national and special zones, the Chief Executive decided that government officials or other government officials were responsible for government official duties.Whether the personnel have provided and provided evidence to the Legislative Council or its committee.In other words, under the principles of administrative leadership, major national security and public interests will survive everything.Furthermore, even if the Basic Law also stipulates that the SAR Government needs to be responsible for the legislature, such as the law passed by the Legislative Council, the inquiries from the legislators of the Legislative Council on a regular basis, etc. However, Luo Weijian pointed out that the right to inquire with the members of the members is not unlimited, for example, inquiries cannot be questionedInvolved in national secrets.
Nevertheless, Luo Weijian did not think that the committee only held accountable from the central government.For example, the committee does not have the right to determine what behavior is crime, and there is no right to determine whether anyone touches the law, because the legislative power lies in the Legislative Council, and the formulation of work is fair and transparent.It is public to facilitate public supervision.He added that although the Australian version of the National Security Law has been repaired, he believes that he will continue to improve law enforcement procedures in the future.
Luo Weijian reminded: We must realize that crimes that endanger national security are completely different from ordinary criminal crimes.The difference is that the crime that endangers national security is often organized crimes, that is, a group of criminals in a group of groups, organizing criminals to organize illegal crimes; completely different from theft, killing, killing, etc.Personal criminal behavior.In addition, the crime of harm to national security must be subjective and intentional, and it will cause a certain social impact; so there are few personal crimes, often organizational and even backgrounds such as external political organizations, groups, and governments.Secondly, Guoan's criminal method is also different from ordinary criminal crimes. For example, many spies have been trained and have strong anti -reconnaissance capabilities.
Therefore, Luo Weijian believes that it is necessary to set up a professional team to combat criminal acts that endanger national security, because the severe and concealed crimes in harmful national security are very different from ordinary criminal criminal crimes.Hellip; This is the same in the world. There are also regulations in the Chinese Constitution that the Ministry of Public Security is responsible for ordinary social security. The Ministry of Security is the task of maintaining special national security.Then the United States is the same, and so is Britain.
In addition to Luo Weijian, it also needs to perform organizational regulations and enforcement procedures for the special training team.At present, the Macau police generally use the previous case handling procedures to handle national security cases, but this is obviously unsuitable. Some people who shoulder reconnaissance tasks need to obtain a search order and monitoring order through the consent of the judge.Will there be changes in the future?I think there will be different practices.For example, in Macau, individual special cases can search for only prosecutors.He emphasized that these issues are still being discussed at present, and it is necessary to consider how this special method is to balance citizens' rights.
