Lu Wenduan: From the interpretation of the National Peoples Congress, the chief

Source: Hong Kong Ming Pao

Author: Lu Wen Duan

Recently, Ming Punies have published a legal scholar comment that people have not directly responded to the interpretation of laws and legislation without responding to the SAR Government, describing "disguised rejection of government requirements", or "or not satisfied with the government's interpretation."After watching it, I was crying and laughing. I do n’t know if it was a basic understanding of the situation. I did n’t see the content of the people ’s University’ s interpretation and the respondent of the person in charge of the Standing Committee of the National People's Congress.Coincidentally, the authoritative person suggested that the author explained some inspiration of the National People's Congress's interpretation.

One of them, the focus of the content of the interpretation is the National Security Council (referred to as the National Security Commission), which is the Chief Executive and the Hong Kong Maintenance Commission (referred to as the National Security Commission).Li Jiachao, who supports the maintenance of Guoan's "iron shoulder" as the chief executive;

Second, the interpretation of the National People's Congress responded to the relevant reports submitted by the Chief Executive to the Central Committee, including the defender or litigation agent who did not have the absence of overseas lawyers in Hong Kong as a case that endangered the national security crimes.There is no problem of "disguised rejection of government requirements" at all;

Third, the interpretation of this National People's Congress is the result of the close communication between the SAR government and the central government. It was fully affirmed by the central government. Why is it "not satisfied"?

Fourth, the basic idea of the central government is to respect the high autonomy of the SAR. I hope that through the "improvement of the judicial system and legal system of the Special Administrative Region", Hong Kong itself will handle the trial involved in the national security case.Most importantly.

The focus of the interpretation is on the chief executive to maintain the responsibility of Guoan

There are three main points of the interpretation of the National People's Congress: First, it further clarifies the meaning stipulated in Article 14 of the National Security Law of the Hong Kong District.Institutions, or any organization or individual, should respect and implement the decision of the National Security Commission; the second is to further clarify the meaning stipulated in Article 47 of the National Security Law.The legal basis that should be applied to the new situation and new issues encountered in the implementation of the law. For overseas lawyers who do not have the full practice qualification of the Hong Kong Special Economic Zone, whether they can serve as a defender or litigation agent who can hold a case of national security crime cases.Article 14 and 47 related regulations provide feasible methods and paths to solve relevant issues, that is, the relevant issues shall obtain a certificate issued by the Chief Executive.Make relevant judgments and decisions.

From these three points, you can see the role of the Chief Executive to the key.The reason is very simple: the Chief Executive is the head of the Hong Kong SAR, the "family members", and the chairman of the National Security Commission. He is responsible for the Central Government for maintaining the national security affairs in Hong Kong SARs. It is the "first responsible person" for Hong Kong to maintain Guoan and shoulder major responsibilities.Li Jiachao has undergone a major test in the suspension of violence and the implementation of the National Security Law. He has a "iron shoulder" that can afford various pressures, and has a firm will and ability to maintain national security and social stability.This is also an important reason why the central government supports Li Jiachao as the Chief Executive.

Report directly to the Chief Executive's Chief Executive

It can be seen from the content of the interpretation that the so -called public interpretation of the People's Congress does not directly respond to the provisions of the interpretation of the SAR Government and the original meaning of legislation, which is not in line with the facts.Article 3 of the National People's Congress clearly lists the relevant reports submitted by the Chief Executive to the Central Committee: "Overseas lawyers who do not have a comprehensive practice qualification of the Hong Kong Special Administrative Region are the defenders or litigants who are harmful to national security crimes may cause national security risks."The interpretation of the National People's Congress clearly responded to this: This is a required issue stipulated in Article 47 of the National Security Law of the Hong Kong District, and it should obtain a certificate issued by the Chief Executive; if the court does not do it, the National Security Commission shall perform legal duties to this equal.Relevant judgments and decisions are made by the situation and issues.

As for the so -called central government's "not satisfied with the government's interpretation", I do n’t know where to start.The fact is that Li Jiachao suggested that the interpretation is a decision after the close communication with the central government, and the central government has been "fully affirmed and resolutely supported."Otherwise, how could the central government issued an official letter to the Chief Executive before the final judgment and asked them to submit a report on the maintenance of national security matters?After Li Jiachao announced the proposal of the Central Committee for the interpretation of the Central Committee, the Hong Kong and Macau Office, the China United Nations Office, and the National Security Agency in Hong Kong all publicly expressed their statements in a timely manner to express their determination to Li Jiachao's decision.The responsibility of the "first responsible person"?Li Jiachao first suggested that the central government's interpretation first, and also received strong public support in Hong Kong.

The greatest significance of interpretation: Promote the improvement of Hong Kong legal system

The issues raised by the Chief Executive to the Central Committee are new and new problems encountered in the implementation of the National Security Law of the Hong Kong District.The interpretation of the National People's Congress did not make any decisions on relevant cases. Instead, it explained the relevant terms of the National Security Law, clarified the meaning of relevant terms, clarified it in the legal interpretation, clearly resolved the methods and paths of relevant issues, and handed over the SAR for the SAR.

From the content of the interpretation, it can be seen that the basic idea of the central government still respects the high autonomous power of the SAR. It is hoped that by improving the judicial system and legal system of Hong Kong, Hong Kong itself will handle the trial involved in the national security case.The most important significance of law.

When the person in charge of the Standing Committee of the National People's Congress accepted the interview with the reporter's interpretation of the law, he clearly expressed his thoughts. He not only emphasized that Article 7 of the National Security Law clearly stipulates that "the Hong Kong Special Administrative Region shall complete the Study of the Basic Law of the Hong Kong Special Administrative Region as soon as possibleThis provision should be carefully implemented in place to maintain national security legislation and improve relevant laws, and it is also specifically mentioned that the Hong Kong Special Administrative Region should adapt to the implementation of the new situation and new requirements for the implementation of the national security law and maintain national security.Including the regulations of legal practitioners, etc., make full use of local laws to solve relevant legal issues encountered in the implementation of the National Security Law.

The information conveyed by the National People's Congress's interpretation is worthy of great attention in Hong Kong society.In this regard, the Chief Executive shoulder major responsibilities, and all sectors of society should support the chief executive to perform the responsibility of maintaining Guoan and maintain the stable and prosperity of Hong Kong.