China News Service, July 1st, in response to questions such as "What measures in the National Security Law can guarantee judicial independence in Hong Kong" and "Is the designation of judges against the spirit of judicial independence", Shen Chunyao, director of the Legal Work Committee of the Standing Committee of the National People's Congress, conducted In response.
The State Council Office held a press conference on the morning of the 1st. Shen Chunyao, director of the Legal Work Committee of the Standing Committee of the National People's Congress and Zhang Xiaoming, deputy director of the Hong Kong and Macao Affairs Office of the State Council in charge of daily work, introduced the situation of the Hong Kong Special Administrative Region's national security law and answered questions from reporters.
A reporter asked: What measures in the National Security Law can guarantee the judicial independence of Hong Kong. The National Security Law stipulates that the Chief Executive of Hong Kong may appoint judges. Does this violate the spirit of judicial independence?
Shen Chunyao responded that my country’s Constitution clearly stipulates that the people’s courts and procuratorial organs independently exercise their functions and powers and are free from interference by any administrative organs, social groups, and individuals. This is a clear provision on the independent exercise of judicial power and procuratorial power in the entire country's rule of law. There are also very clear provisions in the Basic Law of the Hong Kong Special Administrative Region. Article 85 of the Hong Kong Basic Law clearly stipulates that the courts of the Hong Kong Special Administrative Region shall conduct trials independently without any interference. Judicial personnel's performance of judicial duties according to law shall not be investigated by law. The Basic Law of Hong Kong also has clear provisions on prosecution. Article 63 clearly stipulates that the Department of Justice of the Hong Kong Special Administrative Region shall be in charge of criminal prosecution work without any interference.
"In the national constitution and the basic law, it is clear in the relevant laws. Therefore, judicial independence is carried out in accordance with the relevant laws and regulations." Shen Chunyao said.
Shen Chunyao said that when it comes to judges hearing cases related to endangering national security, there is a rule in this law, which is also a system rule. The Chief Executive appoints some judges from the magistrates, the judges of the District Court, the judges of the Court of First Instance of the High Court, the judges of the Court of Appeal and the judges of the Court of Final Appeal to deal with criminal cases that endanger national security. . This has no effect on the independent exercise of judicial power by court judges and is a problem at different levels.
Shen Chunyao said that the system of appointed judges has the following meanings:
(1) Appointment from existing judges, not from persons other than judges;
(2) The designated judges are responsible for cases that endanger national security. Judges that are not within the designated scope still have the powers that judges should have. He can try other cases. The types of judicial cases are quite wide. The cases that endanger national security are only One of them;
(3) To appoint a number of judges from the magistrates, district courts, the High Court, the Court of First Instance, the Court of Appeal, and the Court of Final Appeal. It can be said that they are a list and a range, and the specific trial shall be arranged according to the original provisions;
(4) The law clearly stipulates that the Chief Executive may consult the Chief Justice of the Hong Kong Special Administrative Region’s National Security Council and the Court of Final Appeal before appointing these judges.
(5) Specific to the trial of the case, it is still an independent trial without any interference.
Shen Chunyao said that such an institutional arrangement not only reflects the constitutional responsibility of the SAR, especially the National Security Council has the primary responsibility for maintaining national security, and also takes into account the actual situation of the judicial system and the judge system of the Hong Kong SAR. It is conducive to improving the efficiency of the trial. There is a designated range of judges, which may be related to the experience, quality, quality or familiarity of the judges. Relatively speaking, it is also conducive to unifying the standards of adjudication, because this is a type of case, this type of case There may be relevance and its characteristics.
Shen Chunyao said that "dividing the country" and "subverting state power", this case is impossible to wait for the consequences of his accomplishment. If the country has been divided, if the regime has been subverted, what crimes do you punish. This is a characteristic of this type of crime.
Shen Chunyao pointed out that the national government of the People’s Republic of China, regardless of the Central People’s Government and the local government organs at all levels, including the Hong Kong Special Administrative Region, our entire country cannot tolerate the act of splitting the country and subverting the state power. This is a characteristic of punishing such crimes, and it is impossible to achieve his ultimate goal and consequences. How to determine the applicable legal standards for the crime of the relevant behavior is based on the characteristics of such cases. Therefore, the system of appointed judges is conducive to a relatively unified standard of judgment, and it is clear that the rules and guidelines of the law are specifically applied.