Reading the draft of Hong Kong related national security legislation

category:Global
 Reading the draft of Hong Kong related national security legislation


A number of analysts pointed out in an exclusive interview with the global times on the 20th that the publication of the main contents of the draft means that the legislative process of Hong Kong related national security is advancing rapidly and orderly. The content of the draft fully reflects the maximum trust and dependence of the central government on the SAR government, the maximum protection of Hong Kongs human rights and the rule of law, the maximum consideration of the characteristics of Hong Kongs common law system, and the maximum guarantee of the effective implementation of the law, which is the legal arrangement with the minimum impact and the maximum benefit.

Hong Kong has become a subversive base for some western countries, and the national security administration in Hong Kong will guide and supervise the SAR Government in implementing its national security responsibilities

According to the contents of the draft, the Central Peoples government has set up a public office for the maintenance of national security in the Hong Kong Special Administrative Region, which performs its duties and exercises relevant powers in accordance with the law. Its responsibilities include: analyzing and judging the situation of maintaining national security in the special zone, making suggestions and suggestions on major strategies and policies for maintaining national security; supervising, guiding, coordinating and supporting the Hong Kong Special Administrative Region in performing its duties of maintaining national security; collecting and analyzing national security intelligence information; and handling crimes against national security according to law.

It is worth noting that the draft clearly stipulates that the jurisdiction exercised by the national security administration and relevant state organs in Hong Kong over a few crimes against national security under specific circumstances is an important embodiment of the overall governance power of the central government. In addition, the working departments of the national security office in Hong Kong and the law enforcement and judicial organs of the Hong Kong Special Administrative Region for the maintenance of national security have established a mechanism of cooperation.

Liu Zhaojia, vice president of the National Association of Hong Kong and Macao Studies, said in an interview with the global times on the 20th that it is very important for the central government to establish a national security administration in Hong Kong. It will help and strengthen the ability of the SAR to maintain national security, and greatly improve the comprehensive, effective and accurate implementation of the national security law of the SAR through information sharing, experience teaching, technology provision, work arrangement and other ways.

The Hong Kong expert said that some forces in Hong Kong have posed a very serious threat to national security. The SAR has even become the intelligence base, penetration base and subversion base of different countries, especially western countries. However, the turmoil of the past year has fully demonstrated that the SEZs themselves lack experience, capacity, legal system and implementation mechanism for safeguarding national security. Therefore, the national security administration in Hong Kong will guide and supervise the SAR Government in carrying out its responsibility of maintaining national security. It will maintain close communication with the SAR government to jointly respond to the increasingly serious national security threats in Hong Kong.

Deng Fei, a Hong Kong political commentator and former chairman of the Hong Kong Federation of educators, told the global times that the establishment of the national security administration in Hong Kong partly referred to the design of the national security system of Britain and the United States. In the United States, there is a Federal Bureau of investigation at the federal level, and each state and city has its own police. However, when there are some major cases involved, especially cases that can not be solved by one state, the FBIs presence is required.

He said that the work of the national security administration in Hong Kong is not a big package, but mainly focused on research, guidance and supervision, which is similar to that of the UK. When the main national security departments in the UK find out specific national security events, such as collusion between local people and foreign intelligence personnel, they usually inform the British police to enforce the law, rather than directly on their own.

This fully shows that under the principle of one country, two systems , the central government, when signing the national security law of the port area, referred to the internationally accepted and advanced practices, and by no means simply moved the system and arrangement of maintaining national security of the mainland directly to Hong Kong, which fully reflects the advantages of one country, two systems Deng Fei commented.

According to Liu Zhaojia, another important purpose of the establishment of the national security office in Hong Kong is to play a deterrent role. He said that the establishment of the national security agency of the central government in Hong Kong will have a significant deterrent and deterrent effect on the institutions, groups and individuals inside and outside the SAR trying to endanger national security. They will understand that it is not only the SAR government but also the more powerful central government that will deal with them, which once again highlights the strong determination and will of the central government to safeguard national security in Hong Kong.

Chief executive chairman of the State Security Affairs Committee of the SAR:

The chief executive is the first responsible person for safeguarding national security. Authorizing the chief executive not only fully respects the autonomy, but also enhances the chief executives constitutional authority

According to the provisions of the draft, the Hong Kong Special Administrative Region shall establish a committee for the maintenance of national security, which shall be responsible for the maintenance of national security in the SAR, bear the main responsibility for the maintenance of national security, and accept the supervision and accountability of the Central Peoples government. The committees responsibilities include analyzing and judging the situation of SEZs in safeguarding national security, formulating policies for SEZs in safeguarding national security, promoting the construction of legal system and implementation mechanism for SEZs in safeguarding national security, and coordinating the key work and major actions of SEZs in safeguarding national security.

According to the regulations, the Committee for the maintenance of national security will be chaired by the chief executive of the SAR. Its members include the Secretary for administration, the financial secretary, the Secretary for justice, the Secretary for security, the Commissioner of police, the head of the police department for the maintenance of national security, the chief of immigration, the Commissioner of customs and the chief of the chief executives office. At the same time, the committee will also set up national security advisers to be appointed by the Central Peoples government.

Tian Feilong, director of the National Association of Hong Kong and Macao Studies and associate professor of the school of law of Beijing University of Aeronautics and Astronautics, told the global times that the establishment of the Committee for safeguarding national security affairs of the SAR shows that the central government fully respects the existing legal mechanism and executive body of Hong Kong under the principle of one country, two systems, and intends to stimulate and mobilize the existing strength within Hong Kong to complete the country through the authorization mechanism Law enforcement task of family safety.

National security affairs are complex and sensitive, and need strong and rigorous overall scheduling, as well as the cooperation of different departments, so that the implementation and implementation of the law can be truly effective. As a result, many countries have institutional settings similar to those of the National Security Council. According to Liu Zhaojia, the establishment of the Committee aims to give full play to the efforts of the SAR government to safeguard national security and avoid the situation in which the single sector bears all the pressure in the past.

At the same time, he said that the establishment of a special committee will also help promote the cooperation of various forces in the society with the governments national security work, including the implementation of national security education, and the mobilization of associations, media and schools to jointly safeguard national security. With the development of the times, the forms of national security threats are increasingly diversified. Not only at the political level, but also at the economic, financial, social, cultural and other levels, a single government department can not be completed by itself.

Huang Yinghao, a member of the CPPCC National Committee in the port area and a well-known lawyer in Hong Kong, told the global times that the National Security Committee previously established in Macao has provided a reference for Hong Kong, while the SAR government has already had several subordinate committees, and there are no legal problems. He said that the arrangement for the chief executive to serve as chairman of the committee was more intended to make it clear that he was responsible for both the Central Committee and Hong Kong in matters of national security.

According to the draft, the chief executive of the Hong Kong Special Administrative Region, in addition to serving as the chairman of the National Security Council, shall also appoint a number of judges from among the current or qualified former magistrates, judges of the regional court, judges of the court of first instance of the high court, judges of the court of appeal and judges of the court of final appeal, and may also appoint judges from among the temporary or special judges to be responsible for the affairs Dealing with crimes against national security.

In response, Deng Fei pointed out to reporters that the chief executives appointment of a judge is not a mistrust of the chief justice of the Hong Kong Court of final appeal, but because the chief executive is the first person responsible for the implementation of the basic law and the maintenance of national security. Therefore, this arrangement is reasonable in terms of the spirit of the basic law and the general political principles.

Gu Minkang, director of the National Association of Hong Kong and Macao Studies and senior consultant of the Hong Kong law exchange foundation, believes that the central governments power to appoint judges to the chief executive is very important for the effective implementation of Hong Kong related national security law at the judicial level. Giving the power of appointment to the chief executive can ensure that the judges hearing the national security cases respect Chinas national security, have patriotic feelings, have the will and ability to perform the obligations of the special zone to safeguard national security, which may be more effective than directly prohibiting foreign judges from hearing the national security cases.

In terms of various arrangements, the political authority of Hong Kongs chief executive will be enhanced and he will play a more important constitutional role in the future. Li Xiaobing, executive director of the Taiwan, Hong Kong and Macao law research center of Nankai University, told the global times that in the future, the SARs governance structure will be more administrative oriented, which can be said to be an important historical moment for the reconstruction of the constitutional order of Hong Kong..

How are the powers and responsibilities of the SAR and the central government divided? General jurisdiction belongs to the special zone, and special jurisdiction belongs to the central government

It is worth noting that the draft makes a very clear distinction between the responsibilities and authorities of the central government and the SAR in safeguarding national security: the Central Peoples government has fundamental responsibility for relevant national security affairs, and the Hong Kong Special Administrative Region has constitutional responsibility for safeguarding national security.

Specifically, the draft provides that, in addition to the specific circumstances, the Hong Kong Special Administrative Region shall exercise jurisdiction over the criminal cases stipulated in the law and be responsible for such procedural matters as case filing, investigation, prosecution, trial and penalty execution. At the same time, the national security office in Hong Kong and the relevant state organs exercise jurisdiction over a very small number of crimes against national security under specific circumstances, which is an important manifestation of the overall governance power of the central government.

Tan Yaozong, a member of the Standing Committee of the National Peoples Congress, told the global times that such a division of power and responsibility shows the full trust, dependence and respect of the central government and the law enforcement and judicial institutions of the SAR. He said that due to the stigmatization of the national security law by some people, some people in Hong Kong had worried about bringing Hong Kong people to the mainland for trial, sending judges directly from the mainland for trial or even locking Hong Kong people in the mainland. According to the contents of the draft, none of these will happen, and only a few cases that cannot be handled by the SAR mechanism will be subject to the jurisdiction of the central government.

This can not only meet the legal needs of safeguarding national security at the national level, but also greatly protect Hong Kongs high degree of autonomy and judicial independence. Tian Feilong described it as a legal arrangement with the least impact and the most profit.

The Chinese jurist analyzed that the draft essentially divided the national security legislation involving Hong Kong into general jurisdiction and special jurisdiction. The general jurisdiction will cover most of the cases, and the chief executives National Security Council, the Department of justice, the police force and other local institutions in Hong Kong will be authorized to take charge. Special jurisdiction means that when the case has exceeded the local law enforcement capacity, caused a great impact on the local rule of law and social order, or encountered unprecedented super pressure in intelligence collection, case detection and trial, the central government will have to bear the jurisdiction responsibility.

So, should the cases that may involve national security issues in the revision storm since last year belong to the general jurisdiction of the special zone or the special jurisdiction of the central government? According to Tian Feilong, the practice storm is in line with the latter. At the same time, he said that the case materials in the practice storm do not belong to the scope of non retroactivity of law, because the practice storm is not a past event, but ongoing.

A large number of cases are still in the judicial process, many investigations are not finished, and the harm to the rule of law and national security of Hong Kong continues. The legal expert told the global times that it should be noted that one of the most important backgrounds of Hong Kong related national security legislation this time is that the storm of revision of regulations has exposed major hidden dangers of Hong Kongs governance and rule of law..

Deng Fei believes that the practice storm includes both national security cases and criminal cases. If the intervention of foreign diplomats with foreign powers, especially diplomatic immunity, is clearly recognized, it means that the special zone level is difficult to deal with and needs the intervention of the central government. At the same time, he reminded that diplomatic immunity personnel can only be expelled if they violate the law. However, once national security is involved, they may not be able to be completely exempted, which will involve more complex diplomatic and international law issues. At this time, they are expected to be dealt with at the national level.

When will Hong Kong related national security law come into force? Now that the first instance has been completed, the legislative process will be accelerated in the face of the destruction of local and external forces

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u6056789,container:ssp_ 6056789, async:true }According to tan Yaozong, a member of the Standing Committee of the National Peoples Congress, who told the global times that the draft of Hong Kong related national security legislation has been reviewed at the current session of the Standing Committee of the National Peoples Congress, it is not known when the next session of the Standing Committee will be held. At the same time, he revealed that he listened to the opinions of the SAR government and all levels of society in the process of legislation concerning Hong Kongs national security, and took into account the characteristics of Hong Kongs common law system to the greatest extent, including two international conventions: the International Covenant on the protection of human rights and freedoms, the International Covenant on Civil and political rights, and the International Covenant on economic, social and cultural rights. A number of scholars told the global times that the central government is expected to speed up the legislative process of Hong Kong related national security legislation. Tian Feilong said that the loopholes in Hong Kongs national security laws have caused continuous damage to the interests of the state, and that the local extremist forces collude with the external intervention forces to disrupt the legislative process, so the legislation needs to be completed and implemented as soon as possible, so as to safeguard Hong Kongs national security, the rule of law and the freedom and rights of residents. Huang Yinghao told reporters that it is expected that the wording of the draft text will be very accurate. Although it will be a national law, it is believed that the text will be very rigorous as it needs to be introduced into Hong Kong for entry into force through annex III of the basic law, taking into account Hong Kongs situation and voices from all walks of life. It is recommended that the Chinese mission to the European Union refute the fallacy of the European Parliament concerning Hongkong. The Hong Kong office firmly opposes external forces defamation of Hong Kong related national security legislation. Hong Kong people from all walks of life support Hong Kong related national security legislation_ NBJ11145

Tan Yaozong, a member of the Standing Committee of the National Peoples Congress, told the global times that the draft of national security legislation related to Hong Kong has been reviewed at the meeting of the Standing Committee of the National Peoples Congress, and it is not known when the next meeting of the Standing Committee will be held. At the same time, he revealed that he listened to the opinions of the SAR government and all levels of society in the process of legislation concerning Hong Kongs national security, and took into account the characteristics of Hong Kongs common law system to the greatest extent, including two international conventions: the International Covenant on the protection of human rights and freedoms, the International Covenant on Civil and political rights, and the International Covenant on economic, social and cultural rights.

A number of scholars told the global times that the central government is expected to speed up the legislative process of Hong Kong related national security legislation. Tian Feilong said that the loopholes in Hong Kongs national security laws have caused continuous damage to the interests of the state, and that the local extremist forces collude with the external intervention forces to disrupt the legislative process, so the legislation needs to be completed and implemented as soon as possible, so as to safeguard Hong Kongs national security, the rule of law and the freedom and rights of residents.

Huang Yinghao told reporters that it is expected that the wording of the draft text will be very accurate. Although it will be a national law, it is believed that the text will be very rigorous as it needs to be introduced into Hong Kong for entry into force through annex III of the basic law, taking into account Hong Kongs situation and voices from all walks of life.