China News Agency, Beijing, June 25th, Question: Hong Kong maintains national security laws, stabilizes political ecology, and abides by the rule of law
China News Service reporter Liu Shuling
The draft law on the maintenance of national security in Hong Kong (hereinafter referred to as the draft) conducted its first review at the meeting of the Standing Committee of the National People's Congress from the 18th to the 20th of this month. The relevant legislative details have attracted the attention of all parties at home and abroad. In the meantime, some legal professionals expressed their concerns about the independence of the judiciary in Hong Kong.
The rule of law is one of the core values cherished by Hong Kong society. For the Chinese central government, it is also its natural duty to care for Hong Kong and consider long-term stability and prosperity, and to protect the rule of law.
Chinese and foreign observers have noticed that the Central Government’s efforts to promote security legislation at the national level this year have been caused by the heavy impact of Hong Kong’s rule of law since the “revision storm”, especially the split of the country, subversion of state power, terrorist activities, collusion with foreign or foreign forces Crimes such as endangering national security are seriously infringing China's overall interests.
Based on this, when discussing the issue of Hong Kong’s national security legislation recently, professionals in the political and legal fields in the Mainland, Hong Kong and even in the world have mentioned that in the face of the intervention of foreign or foreign forces, local governments have limitations in their ability and means to maintain national security; sovereignty The national central government will not completely hand over the responsibility for maintaining national security to local governments.
Hong Kong's long-standing gaps and deficiencies in maintaining the national security legal system and enforcement mechanisms have also surprised the outside world. In the 23 years since the reunification, no local case has been tried, and no one in the law enforcement agency has been engaged in relevant work. Legislation of Article 23 of the Basic Law is far away.
Therefore, views such as opposition to the Chief Executive of the Special Administrative Region designating a group of judges to hear national security cases and denial of the jurisdiction of the central government in very few related cases under certain circumstances clearly ignore the existing rules under the "one country, two systems" system and the central government. The intentions of governing the country by constitution, governing Hong Kong by law, and making special arrangements based on respect for the two legal systems.
Tang Jiahua, a senior barrister and member of the Executive Council in Hong Kong, recently issued a special article stating that according to the Hong Kong Basic Law, all judges in the SAR have never been appointed by the Chief Executive, and the Chief Executive has appointed judges to handle special cases or major investigations. It is not news; judicial independence means that judges independently handle cases It is not influenced by the outside world, not who is appointed. He bluntly said that there is no system of self-appointment of judges in the world, and the appointment of judges in the US Supreme Court is even more political; it should not be defamatory and attack the judicial independence of Hong Kong.
The article published in the Hong Kong newspaper on the 24th by the Deputy Director of the Legal Work Committee of the National People’s Congress Standing Committee Zhang Yong also clearly responded that Article 18, paragraph 4, of the Basic Law stipulates that when a turmoil that cannot be controlled by the SAR government endangers national unity or security, the NPC Standing Committee The council may decide that Hong Kong will enter a state of emergency, and the central government will then implement the relevant national laws directly in Hong Kong. It is precisely to avoid such extreme situations that it is necessary for the central government to retain the final jurisdiction. If Hong Kong can effectively assume relevant responsibilities, the central government does not have to exercise relevant powers.
In addition, the legislative process of Hong Kong’s national security law has taken into account the differences between the two places in many ways. Under normal circumstances, crimes against national security that occur in Hong Kong are handled by the law enforcement and judicial authorities of the Hong Kong Special Administrative Region in accordance with the law and local laws and procedures of Hong Kong.
Facing the extremely severe situation in the past year, the NPC Standing Committee’s legislation still strives to respond to the international community concerned about Hong Kong’s future. It can be seen that if national security is lost in Hong Kong, the "two systems" will not be discussed. Among them, what is emphasized is the importance of Hong Kong’s National Security Law for ensuring the stability of “one country, two systems”, and Hong Kong citizens should treat them rationally and objectively.
Currently, national security legislation is in the process of extensive consultation. Public opinion believes that after adequate communication and exchange, the legislation will provide effective protection for Hong Kong to gradually form a new and more stable political ecology. At the same time, under the guardianship of the central government, the spirit of the rule of law in Hong Kong will become more apparent. (Finish)