Comments: Chinese peoples interpretation only talks about procedures only to set

Source: Hong Kong Ming Pao Agency Review

The Standing Committee of the National People's Congress of China voted to pass the draft interpretation of the Hong Kong National Security Law, and explained Article 14 and 47.The origin of the Explanation of the National People's Congress is that Li Zhiying, the founder of One Media Li Zhiying, was approved to hire the British Royal Defense. On the one hand, the outside world pays attention to whether it is appropriate for foreign large -scale participation in foreign forces.Whether the court will overthrow the Court of Final Appeal.In view of the draft law, the Standing Committee of the National People's Congress did not intervene in the Li case, and did not even directly deal with whether overseas large -shape could deal with the problem of national security cases.make judgement.Related methods can reduce the shock caused by the judicial system of Hong Kong. Now the ball is returning to the SAR again. It also depends on the special case of the SAR official. It still depends on the specific cases to deal with whether overseas large -scale participation can be involved in national security cases.

Unaware of the court ruling can help reduce judicial shocks

Li Zhiying was charged with challenging foreign forces and conspiracy to publish 4 crimes. According to the regulations of the High Court, Li Zhiying approved Li Zhiying to hire the British lawyer Tim Owen to defense., Have been rejected by the original court, appeal court and the Court of Final Appeal, respectively.At the end of last month, Hong Kong Chief Executive Li Jiachao suggested that "there is no large -scale qualification qualification in the local area, can it be involved in handling the harmful national security case in any form" and ask the Standing Committee of the National People's Congress to clarify the original meaning and purpose of legislation.One month after the incident, the Standing Committee of the People's Congress passed the draft yesterday and explained to Article 14 and 47 of the Hong Kong National Security Law.

This is the sixth interpretation of the National People's Congress since the return of Hong Kong. It is different from the previous five times that surround the basic law. This is the first time that the National People's Congress explained the National Security Law of Hong Kong.Article 65 of the Hong Kong National Security Law states that the right to interpret the legal is belonged to the Standing Committee of the National People's Congress. However, because the Chief Executive did not indicate which article, the Standing Committee of the People's Congress explained, the outside world has always had a lot of speculation about how to deal with the Standing Committee of the National People's Congress.

Since Li Jiachao's interpretation of the law, the legal community has a lot of discussions and has opinions that Hong Kong has pursued the ordinary law and Li Zhiying hired British large -shaped. The court handled it according to the local principle.A case involving collusion with foreign forces allows foreign large -scale participation in defense, and the practice is not appropriate.Xiong Qiuhong, a mainland legal scholar who participated in the State Legislative Study of the National Security Law of Hong Kong, believes that the special zone court is hiring overseas large -scale, and has not considered the principle of priority to the Hong Kong National Security Law;The court decided to seriously damage Hong Kong's judicial independence.

Looking at the content of the draft of the law yesterday, the Standing Committee of the People's Congress did not criticize or overthrow the ruling of the Hong Kong court, nor did it make major content supplements on the existing Hong Kong National Security Law.Strictly speaking, the Standing Committee of the National People's Congress actually pointed out that the Chief Executive and the State Security Commission of the SAR can handle related issues in accordance with Article 14 and 47 of the Hong Kong National Security Law.In simple terms, according to Article 47, during the case of the case of the SAR court, if there is a problem of whether the behavior involves national secrets or national security identification, it should be obtained.If you have obtained a relevant certificate, the SAR National Security Commission may make a judgment on whether this situation involves the national security issue, and the relevant decision has legal effect. The court must implement the relevant decision.

The Explanation of the Standing Committee of the People's Congress did not directly mention whether overseas large -scale can participate in national security cases, nor did they require them to prohibit their participation. It just clarifies the procedure and returns the problem back to the SAR government to deal with it by itself. This can reduce the right right.The impact of Hong Kong's judicial system.Of course, the content of this interpretation itself has also extended some problems worth exploring, such as whether the SAR Government and the Department of Justice have inadequate to master the Hong Kong National Security Law, have the right to understand it, and whether they must ask the National Congress to interpret the law, but in other wordsCome back, the Hong Kong National Security Law has always been a relatively new law. If there is vague or deficiencies, it is also a good thing to clarify as soon as possible.Improving the judicial system and legal system of the Special Administrative Region, and ensuring the implementation of the National Security Law was originally the central requirements.For the central government, the Chief Executive shall be explained in accordance with the mechanism, and then the Standing Committee of the People's Congress will be explained in accordance with the law. It is instructed to handle the SAR for its own processing.

The national security is important. The SAR government has settled the restrictions on overseas lawyers to participate in the national security case.Case) processing.Li Jiachao responded to the Interpretation of the National People's Congress last night and mentioned that the official will actively consider the amendment of the regulations on legal practitioners. At the same time, it is emphasized that Hong Kong still welcomes overseas lawyers to obtain a court project and participate in cases that are not involved in Guoan.There are no shortage of legal talents in Hong Kong. The era of "with the ocean" has become the past, but if Hong Kong wants to develop into an international legal arbitration center, more legal talents will be promoted from the four seas and four seas in the future.Hong Kong's judicial reputation also has the icing on the cake.

Highlight the SAR State Security Commission's rights and responsibilities local amendments to be precise

One of the interpretations of the National People's Congress, one of which focuses on highlighting the power, responsibilities and special status of the SAR National Security Commission.The chairman of the State Security Commission is also held by the Chief Executive. Although the content of the interpretation does not give additional power to the SAR National Security Commission or Chief Executive, due to the decision of the National Security Commission, it is not subject to verification and work information is not made public. When exercising power, it must be reasonable.Combination.The issues of overseas large -scale participation in national security cases will be limited in a revision method. It will be better than judging by the National Security Commission for individual cases. As for how to cut it, it can be discussed from long.Cases involving the collusion of foreign forces, even if the case is not involved in national secrets, is actually not suitable for overseas lawyers to participate. As for whether the scope of participation should be prohibited, it can be expanded to cases involving national security elements, such as incitement, which can actually be discussed.Regardless of the official decision to deal with it, the limited time should strive to be precise to avoid the scope of the prohibition from being too wide.