Yu Zeyuan: The main point of the Hong Kong National Security Law

Early

Ji Yan Chunqiu

Chinese officials announced the specific content of the Hong Kong National Security Law the day before yesterday. Among them, the central government set up a maintenance of the National Security Office in Hong Kong and the establishment of relevant institutions to maintain national security. The Hong Kong Chief Executive's designated judges are responsible for handling the national security cases. It is the main of the Hong Kong National Security LawLook at it.

Last month, the National People's Congress of China announced that it would formulate the Hong Kong National Security Law and set up related centralized agencies in Hong Kong, which has aroused strong attention from the outside world and a lot of speculation.Some people believe that the central government's dispatched agencies will directly handle Hong Kong involving national security cases, and Hong Kong people who violate the National Security Law may be arrested in the mainland trial and prison.

According to the Hong Kong National Security Law, the Central Committee in Hong Kong (the Hong Kong State Security Office) does have the right to handle Hong Kong cases of hazardous national security crimes, but in specific circumstancesStrengthen the maintenance of national security law enforcement in Hong Kong, and avoid the emergency situation stipulated in Article 18 of the Hong Kong Basic Law.

Since the Hong Kong National Security Office can only handle very few cases under certain circumstances, most cases involving national security in Hong Kong will not be directly handled by the Hong Kong Special Administrative Region in the future.The responsibilities of the Hong Kong National Security Office are mainly concentrated in the research and judgment of the national security situation in Hong Kong, and put forward opinions and suggestions on maintaining major national security strategies and important policies; supervision, guidance, coordination, and supporting relevant institutions of Hong Kong Special Administrative Regions to perform their duties to maintain national security.

This means that the relevant agencies of the Hong Kong Special Administrative Region are the main force of investigating the Hong Kong Guoan case.These institutions include: Hong Kong Special Administrative Region to maintain the National Security Council (Hong Kong State Security Commission), the Hong Kong SAR Government Police Office to maintain national security departments, and the Department of Justice of the Hong Kong Special Administrative Region Government to set up a special national security criminal case prosecution department.

The Hong Kong State Security Commission is the chairman of the Chief Executive, and the members include the director of the Department of Administration, the director of the Financial Department, the director of the Department of Justice, the director of the Security Bureau, the director of the Police Department, the head of the police officer to maintain the national security department, the entry affairsDirector of the heads of the Customs Customs and the Chief Executive's Office.The Hong Kong National Security Commission has a secretariat and led by the Secretary -General.The Secretary -General was nominated by the Chief Executive and reported to the central government to appoint.

In other words, the Hong Kong National Security Commission is responsible for the general responsibility, and the daily work shall be handled by the secretary general.The investigation and prosecution of the case shall be implemented by the National Security Department of the Police Department and the Guoan Case Monitoring Department of the Department of Justice.

At the same time, the trial of the Guoan case was responsible for the judge designated by the Hong Kong Chief Executive.The judge designated by the Chief Executive can be the current judge or the former judge, and you can also designate the judge from the temporary or special appointment judge.

The above provisions not only increase the power of Hong Kong's Chief Executive disposal of the Guoan case, but to a large extent exclude the obstacles that the Guoan case may encounter in the existing judicial system in Hong Kong, let the police catch people in the storm.It is difficult to stage in the case.

As a result, the process of investigation, prosecution and trial of Hong Kong involved in national security cases in the future is mainly controlled by the Hong Kong National Security Commission, especially the Chief Executive.The Chief Executive of Hong Kong has obtained unprecedented judicial power and has also become the first responsible person in Hong Kong to maintain Guoan.

Before and after returning to China, Hong Kong has always adopted an administrative political system.Hong Kong Chief Executive is both the head of the government and the head of the Hong Kong Special Administrative Region.This dual identity has a wide range of power, including the main officials of appointment and removal, the power to dissolve the legislature, and so on.Today, the Hong Kong National Security Law has given the Chief Executive's new power, and the political authority of the Chief Executive has been lifted again, but its responsibility and pressure have continued to increase.

The Hong Kong National Security Law will be mainly placed on the shoulder of the SAR government, especially the Chief Executive, and may be able to dispel some Hong Kong people's concerns about the national security cases in Hong Kong at any time.It is impossible to be eliminated in a short time.In addition to Western countries such as the United States accusing the Hong Kong National Security Law of destroying one country and two systems and restricting the freedom of Hong Kong people, the Hong Kong opposition and many citizens' fear and doubts about the National Security Law, as well as the games that all parties around the Hong Kong National Security Law will also exist for a long time.

However, Chinese officials have not been able to change the will and actions of the Hong Kong National Security Law as soon as possible.In September this year, the Hong Kong Legislative Council will usher in a general election. It is expected that the Standing Committee of the National People's Congress of China will officially launch and implement the Hong Kong National Security Law before the generalization.

The main purpose of China ’s introduction of the Hong Kong National Security Law is to maintain the stability and prosperity of Hong Kong on the basis of reshaping the political ecology of Hong Kong.However, Hong Kong's contradictions have a long history and very complicated. The Hong Kong National Security Law is just a new beginning. What is its effect, it also needs to be tested.