Hong Kong encounters a new national security gap? Li Jiachao proposed to submit the interpretation of the law overnight

　　Recently, Timothy Wynn Owen, Queen's Counsel of the United Kingdom, was approved by the Hong Kong High Court to defend Li Zhiying, who was accused of "conspiring with foreign countries or foreign forces to endanger national security" and other crimes in the form of "special case approval".

The Secretary for Justice of the Hong Kong Special Administrative Region Government recently applied for permission to appeal for "special case approval".

　　This incident has sparked widespread discussion in Hong Kong society, with concerns that the case may lead to a breach in national security.

　　In this regard, the Chief Executive of the Hong Kong Special Administrative Region, Li Jiachao, said in a meeting with reporters on the 28th that he would submit the proposal to the Standing Committee of the National People's Congress for an interpretation in accordance with the relevant provisions of the Hong Kong National Security Law.

　　Late that night, the SAR government spokesperson stated that Li Jiachao had submitted a report to the Central People's Government regarding Article 11 of the Hong Kong National Security Law.

Submit to the Standing Committee of the National People's Congress, in accordance with Article 65 of the Hong Kong National Security Law, "According to the legislative intent and purpose of the Hong Kong National Security Law, whether overseas lawyers or barristers who do not have full local professional qualifications can participate in any form in handling criminal cases endangering national security" explain.

Why ask for an interpretation?

　　As for why he requested the interpretation of the law, Li Jiachao explained his considerations in a meeting with reporters: Under the current system, the Hong Kong Special Administrative Region has no effective way to exclude overseas lawyers or barristers who have conflicts of interest due to their national interests; there is no effective way to ensure that they are not protected from Pressure, coercion or manipulation by foreign governments, organizations or individuals; there is no effective way to ensure that they will comply with Article 63 of the Hong Kong National Security Law regarding the confidentiality of state secrets, commercial secrets and personal privacy learned during practicing activities.

　　Some people are concerned about whether the SAR government's move will limit the defendant's rights and freedom. Li Jiachao also explained that Hong Kong residents have the right to choose a lawyer.

According to the case, the right of the defendant to choose a lawyer means that the defendant can choose his own lawyer from lawyers who have full qualifications in Hong Kong, rather than overseas lawyers without the above qualifications.

Therefore, even if the defendant in a crime endangering national security cannot hire an overseas lawyer as a legal representative, it still meets the requirements of Articles 4 and 5 of the Hong Kong National Security Law to respect and protect the rights and freedoms of the defendant.

On the 28th, the Chief Executive of the Hong Kong Special Administrative Region, Li Jiachao, stated that he would submit the proposal to the Standing Committee of the National People's Congress to interpret the law in accordance with the relevant regulations of the Hong Kong National Security Law.

It is proper to ask for interpretation

　　Regarding Li Jiachao's suggestion to the Standing Committee of the National People's Congress to interpret the law, the Hong Kong and Macao Affairs Office of the State Council, the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region, and the National Security Office of the Central People's Government in the Hong Kong Special Administrative Region issued statements expressing their support on the evening of the 28th.

　　A spokesman for the Hong Kong and Macao Affairs Office of the State Council said that Chief Executive Lee Ka-chao submitted the report in a timely manner according to the instructions of the central government and put forward relevant suggestions, which fully demonstrated his responsibility as the "head of the family" and "first responsible person" of the Hong Kong Special Administrative Region.

The National Security Committee of the Hong Kong Special Administrative Region bears the main responsibility for maintaining national security in the Hong Kong Special Administrative Region.

The central government fully supports it in fulfilling its statutory duties and exercising its statutory powers, and takes necessary measures in accordance with the law to prevent and resolve various risks and hidden dangers that threaten national security.

On the 28th, the Chief Executive of the Hong Kong Special Administrative Region, Li Jiachao, stated that he would submit the proposal to the Standing Committee of the National People's Congress to interpret the law in accordance with the relevant regulations of the Hong Kong National Security Law.

　　A spokesman for the Liaison Office of the Central People's Government in Hong Kong said that it supports Chief Executive Lee Ka-chao's submission of a report on specific national security issues to the central government in accordance with the law, supports the SAR National Security Commission in taking measures in accordance with the law to prevent various risks and hidden dangers that endanger national security, and resolutely safeguards the authority of the Hong Kong National Security Law. , and resolutely safeguard the constitutional order of the Hong Kong Special Administrative Region.

　　The spokesperson of the National Security Office in Hong Kong stated that safeguarding national sovereignty, security, and development interests is the highest principle of the "one country, two systems" policy and represents the highest public interest.

The National Security Law for Hong Kong embodies this principle to a high degree, giving the Commissioner's Office and the SAR National Security Committee sufficient legal means.

The Hong Kong SAR has a constitutional responsibility to safeguard national security. Judiciary and law enforcement agencies in the SAR should earnestly implement the Hong Kong National Security Law and other relevant laws and regulations, and effectively prevent, stop and punish acts and activities that endanger national security.

This is not only the responsibility of the judicial and law enforcement agencies of the SAR, but also the confidence of Hong Kong people in Hong Kong.

On the 28th, the Chief Executive of the Hong Kong Special Administrative Region, Li Jiachao, stated that he would submit the proposal to the Standing Committee of the National People's Congress to interpret the law in accordance with the relevant regulations of the Hong Kong National Security Law.

The Standing Committee of the National People's Congress has a long history of interpretation

　　In fact, since Hong Kong's return to the motherland in 1997, the Standing Committee of the National People's Congress has interpreted Hong Kong's Basic Law five times.

　　The first interpretation of the law was in 1999, explaining the right of abode of children born to Hong Kong people in the Mainland.

On January 29, 1999, the Hong Kong Court of Final Appeal ruled that all children born to Hong Kong people in the Mainland have the right of abode in Hong Kong.

On May 18 of the same year, the then chief executive, Tung Chee-hwa, requested the Standing Committee of the National People's Congress to interpret the relevant regulations.

　　The second interpretation was in 2004, focusing on the issue of "universal suffrage".

The interpretation of the law was proposed by the Standing Committee of the National People’s Congress on April 6 of that year. Whether the method for selecting the Chief Executive and the Legislative Council of the Hong Kong Special Administrative Region needs to be revised, the Chief Executive should submit a report to the Standing Committee of the National People’s Congress. and the principle of step-by-step determination.

　　The third interpretation was in 2005, also proposed by the chief executive to the Standing Committee of the National People's Congress, explaining the term of office of the chief executive.

　　The fourth interpretation was in 2011, explaining the issue of diplomatic immunity.

　　The most recent interpretation, the fifth interpretation, is the relevant interpretation of the swearing-in of the Legislative Council of the Hong Kong Special Administrative Region by the Standing Committee of the National People's Congress in 2016.

On the 28th, the Chief Executive of the Hong Kong Special Administrative Region, Li Jiachao, stated that he would submit the proposal to the Standing Committee of the National People's Congress to interpret the law in accordance with the relevant regulations of the Hong Kong National Security Law.

　　It can be seen that there is a long-standing precedent for appealing to the Standing Committee of the National People's Congress for interpretation of the law. Chief Executive Lee Ka-chao's proposal for interpretation of the law is not only the chief executive's duty to safeguard national security, but also a due act to fully implement the "one country, two systems" policy.

　　Text reporter: Liu Dawei Photographer: Chen Yongnuo Video reporter: Liang Yuan