Xinhua News Agency, Beijing, July 4th, Title: Reasonable Balance Gives Hong Kong Police the Necessary Power and Full Protection of Human Rights——Fourth Perspective of Hong Kong’s National Security Law
Xinhua News Agency reporter
The relevant provisions of the Law of the People's Republic of China on the Maintenance of National Security of the Hong Kong Special Administrative Region give the Hong Kong police special authority in maintaining national security. Relevant content has attracted attention from all walks of life and has become one of the hotspots of public opinion about Hong Kong’s National Security Law.
First, what are the special considerations given to the Hong Kong police by the Hong Kong National Security Law for maintaining national security?
Article 43 of the National Security Law of Hong Kong stipulates that when the National Security Department of the Hong Kong Special Administrative Region Government Police Department handles national security criminal cases, it may take various measures that the existing laws of the Hong Kong Special Administrative Region grant the police and other law enforcement agencies to take in investigating serious crimes. And can take the seven measures specified in this article.
According to analysis by legal experts, the reason for making such regulations is that crimes that endanger national security are serious crimes. Therefore, it is completely stipulated that the police department to maintain national security can take various measures that the current law grants the police and other law enforcement agencies to take. Necessary and reasonable; second, considering the particularity, complexity, and sensitivity of criminal cases that endanger national security, it is not enough for the police department to maintain the national security department to only take the measures prescribed by the current law, and it should be given more power Therefore, seven measures are listed in Article 43. In fact, most of these seven measures are also measures that the Hong Kong police can take.
Second, do some provisions of the Hong Kong National Security Law on measures that the Hong Kong police can take constitute an infringement of personal privacy?
The protection of personal privacy by law is not absolute. Article 14 of the Hong Kong Bill of Rights Ordinance stipulates that no one’s private life, family, home or correspondence shall be unreasonably or illegally intruded, and his reputation and credit shall not be illegally destroyed. If a criminal suspect uses an electronic platform to carry out crimes against national security under the Hong Kong National Security Law and publish relevant illegal information, in order to find the criminal suspect, the police need to know the identity information of the issuer, and then limit according to the provisions of the Hong Kong National Security Law Its right to privacy is not "unreasonable or illegal intrusion."
Legal experts pointed out that according to Article 62 of the Hong Kong National Security Law, if the local laws of the Hong Kong Special Administrative Region are inconsistent with the Hong Kong National Security Law, the provisions of the Hong Kong National Security Law shall apply. Therefore, if the National Security Department of the Hong Kong Special Administrative Region Government’s National Security Department handles crimes against national security under the Hong Kong National Security Law, it is necessary to take law enforcement measures to intercept communications and secret surveillance in accordance with the provisions of the Hong Kong National Security Law and the Chief Executive in conjunction with the SAR The National Security Commission formulated relevant implementation rules.
Thirdly, how does the Hong Kong National Security Law achieve a reasonable balance between giving the Hong Kong police the necessary powers to effectively carry out law enforcement and fully protect human rights?
The Hong Kong police will be subject to the necessary supervision when exercising relevant powers. Although the Hong Kong National Security Law gives the Police Force the ability to maintain national security departments to take more measures than other cases when handling crimes that endanger national security, the exercise of powers must be strict In accordance with the implementation rules formulated by the Chief Executive in conjunction with the SAR State Security Committee, and its adoption of these measures is subject to strict supervision by the SAR State Security Committee.
According to legal experts, during the formulation of the Hong Kong National Security Law, it has fully considered how to give the police the necessary power to effectively enforce law enforcement and fully protect human rights to achieve a reasonable balance. All countries will encounter similar problems and have their own solutions when making legislation.
After the "9.11" incident, the United States urgently formulated the "Patriot Act" to combat terrorism. Among them, Article 203 stipulates that US law enforcement agencies have the right to obtain sensitive information related to US citizens without judicial review; Article 206 allows law enforcement agencies to eavesdrop on individuals; and Article 213 allows law enforcement agencies to be unaware of the parties involved Next, you can secretly search their offices and residences.
Legal experts believe that Hong Kong’s National Security Law handles the relationship between the empowerment of the police and the protection of human rights well in comparison with foreign legislation.