China News Service, Hong Kong, November 29 (Reporter Han Xingtong) Regarding the case of Li Zhiying hiring a British barrister to defend his crimes related to endangering national security, the Chief Executive of the Hong Kong Special Administrative Region, Li Jiachao, has submitted a report to the Central Committee and submitted it to the Standing Committee of the National People's Congress for interpretation. .

A number of people in Hong Kong's legal circles were interviewed by a reporter from China News Agency on the 29th. They believed that the relevant practices were reasonable and legal and would not damage the independence of Hong Kong's judiciary.

　　Li Zhiying, the founder of Next Media in Hong Kong, was accused of violating the Hong Kong National Security Law earlier, involving "conspiracy with foreign countries or foreign forces to endanger national security" and other crimes. He tried to hire British barrister Tim Owen to come to Hong Kong to defend him in related cases.

　　Li Jiachao submitted a report to the central government on the evening of the 28th, and suggested in the report that the Standing Committee of the National People's Congress be requested to issue a statement on "According to the legislative intent and purpose of the Hong Kong National Security Law, overseas lawyers who do not have full local qualifications" Or barristers can participate in any form in the work of handling crimes endangering national security".

Subsequently, the Department of Justice of the Hong Kong Special Administrative Region Government wrote to the High Court, applying to postpone the trial of Li Zhiying's case involving Hong Kong's National Security Law, pending the interpretation of the law.

　　Barrister Ma Enguo, chairman of the Hong Kong Legal Exchange Foundation, told reporters that he supports asking the National People's Congress to interpret the law.

Ma Enguo mentioned that under the current common law system, there is a constitutional interpretation principle of "missing in" which is adopted by various countries from time to time.

To put it simply, when the legislature misses or fails to consider some important links when making legislation, or some unforeseen problems arise as the society develops, the legislature can, on the premise of not violating the original intention of the legislation, make changes to the legal provisions. "Missed read-in" is performed.

He believes that the situation in the Li Zhiying case is in line with the above situation, so it is reasonable and legal for the chief executive to ask the National People's Congress to interpret the law.

　　In Ma Enguo's view, Li Zhiying's charge of "colluding with foreign countries or foreign forces to endanger national security" also makes it necessary to interpret the law. The barrister defending him makes people even more doubtful whether foreign forces are assisting Jimmy Lai in the lawsuit, and it is difficult to explain whether it is purely related to legal professional content or also involves politics."

　　Leung Mei-fen, a member of the Hong Kong Basic Law Committee of the Standing Committee of the National People's Congress and a member of the Legislative Council of the Hong Kong Special Administrative Region, told reporters that the interpretation of laws by the National People's Congress is part of the constitutional order and the rule of law in Hong Kong.

Under "One Country, Two Systems", Hong Kong's courts have the right to exercise judicial power in accordance with common law, while the Standing Committee of the National People's Congress can also exercise the power of interpretation if it believes that some national legal provisions have not been implemented in accordance with the original intention of the legislation. There is no conflict between the two. normal.

"The interpretation of the law by the National People's Congress is also a form of communication, so that in the future when local courts try cases, similar disputes can be avoided."

　　Liang Meifen also mentioned that Li Zhiying's case involving Hong Kong's National Security Law is relatively special, involving "conspiracy with foreign countries or foreign forces to endanger national security" and other crimes. Therefore, it is difficult to avoid the possibility of political interference in relevant practices.

　　Chen Manqi, deputy to the National People's Congress in Hong Kong and the founding president of the Hong Kong Chinese Lawyers Association, also expressed support for the Chief Executive's proposal to the Standing Committee of the National People's Congress to interpret the law.

She pointed out that according to Articles 62 and 65 of the Hong Kong National Security Law, the Hong Kong National Security Law is a national law with a higher status than local laws, and the power to interpret the Hong Kong National Security Law belongs to the Standing Committee of the National People's Congress.

Therefore, Chen Manqi believes that the chief executive's proposal to the National People's Congress for interpretation of the law is to better utilize the Hong Kong common law system, maintain Hong Kong's judicial independence in accordance with the constitution, and respect local lawyers and barristers with full local qualifications. Measures to better implement the Hong Kong Special Administrative Region's legal system and enforcement mechanism for safeguarding national security, and improve the Hong Kong Special Administrative Region's judicial system and legal system.

　　Du Gankun, chairman of the Bar Association, said that Article 65 of the Hong Kong National Security Law stipulates that the Standing Committee of the National People's Congress has the right to interpret the Hong Kong National Security Law, and can exercise the power of interpretation at an appropriate time according to the circumstances.

He believes that this request to the Standing Committee of the National People's Congress for interpretation is handled through the existing mechanism and will not undermine Hong Kong's judicial independence.

Du Gankun also firmly believes that Hong Kong's courts and the legal profession will continue to fulfill their responsibilities to safeguard national security, uphold the rule of law, and safeguard judicial independence.

(Finish)