In depth analysis! How many meanings does the draft of national security law of port area reveal?

 In depth analysis! How many meanings does the draft of national security law of port area reveal?

On June 18, the law working committee of the Standing Committee of the National Peoples Congress made an explanation to the 19th session of the Standing Committee of the 13th National Peoples Congress on the draft of national security law of port area. This comprehensive law, which takes into account the substantive law, procedural law and organizational law, is finally coming!

Different from the hard to understand French, the five aspects disclosed in this note are clear to us at a glanceu2014u2014

Key words 1: clarify responsibilities and obligations

Who is in charge of the national security affairs in the Hong Kong SAR? The draft makes it clear that the Central Peoples government and the SAR government are each responsible for their own responsibilities, and every organization and individual in Hong Kong should also fulfill their obligations.

What is the responsibility of the Central Peoples government?

Hong Kong is the territory of China. The Hong Kong SAR is directly under the Central Peoples government. The fundamental responsibility for the national security affairs related to the SAR lies with the Central Peoples government. To put it bluntly, national security belongs to the states power and involves the security of the whole country. The fundamental responsibility must and can only be borne by the central government.

What is the responsibility of the Hongkong SAR?

The draft also puts forward the constitutional responsibility and the main responsibility in the SAR. It is the utmost trust and dependence on the SAR to entrust the maintenance of national security affairs to local authorities.

In order to maintain national security in Hong Kong, it is necessary to safeguard it with administrative, legislative and judicial functions and powers. Since the National Peoples Congress authorizes the SAR to enjoy a high degree of autonomy, administrative power, legislative power, independent judicial power and the power of final adjudication, it is the duty of the SAR government, the Legislative Council and the court to safeguard national security.

What are the responsibilities of institutions, organizations and individuals?

The prosperity and stability of Hong Kong cannot be separated from every individual who struggles here. If you want to enter the country, you should ask about the customs. As long as we are in Hong Kong, we must abide by the laws of the National Peoples Congress and the SAR on safeguarding national security. Hong Kong is a hot land of freedom, but the irrefutable truth is that people can abide by the law and people can be free.

Article 23 of the basic law already stipulates that the special zone shall make special legislation to safeguard national security. National security law of the port area will not replace Article 23. The SAR still has the responsibility to implement the legislative responsibility as soon as possible. To perform their respective duties and responsibilities not only guarantees the national security in Hong Kong, but also embodies the principle of one country, two systems system.

Key word 2: establishment of specialized agencies

Responsibilities have been clearly analyzed. Next is the specific deployment. In Hong Kong, who is going to do the special work of safeguarding national security?

At this point, the draft is clearly arranged. The central government and the Special Administrative Region set up an agency respectively - the national security administration in Hong Kong and the special administrative regions national security maintenance Committee - who is in charge and who is in charge.

What does the national security administration of Hong Kong do?

First, analyze and judge the situation of maintaining national security in Hong Kong SAR, and give advice on strategies and policies for maintaining national security;

Second, to supervise, guide, coordinate and support the special zone in performing its duties of safeguarding national security;

Third, collect and analyze national security information;

Fourth, handle crimes against national security according to law.

In particular, the draft states that the national security administration in Hong Kong is subject to supervision and that its staff should abide by the laws of the SAR. Immigration is prohibited, for individuals, and for Hong Kong based institutions.

What does the special zones national security committee do?

In short, the Committee for the maintenance of national security of the SAR is the specific body for the SAR government to perform its duties of maintaining national security. The chief executive serves as the chairman and the members include the heads of relevant departments of the SAR government, which also embodies the basic principle of Hong Kong people governing Hong Kong. The three specific responsibilities of the committee are:

First, analyze and judge the situation of SEZs in safeguarding national security, plan relevant work, and formulate policies for SEZs in safeguarding national security;

Second, we should promote the construction of the legal system and enforcement mechanism for the special zone to safeguard national security;

Third, coordinate the key work and major actions of the special zone in safeguarding national security.

In addition, these two details proposed in the draft are also noteworthy.

The Committee has a national security adviser appointed by the central government. That is to say, the advisers sent by the central government will give timely advice on matters that the SAR cannot understand.

Both the police department and the Department of justice of the SAR will set up special agencies to take charge of national security affairs! In maintaining national security in Hong Kong, not only the specialized leading organs, but also the specialized case handlers have been put in place.

With the same goal of better safeguarding national security, the two newly established institutions will not, of course, act independently. Coordination and cooperation mechanisms have been written in the draft. If we work together, we will be able to achieve stability!

Key words 3: delimit the legal bottom line

The conviction and sentencing of crimes against national security is one of the core contents of the draft.

Through the legal regulation, we can draw the most clear bottom line of national security in the port area, let people get rid of the fog of different opinions, and most intuitively see where the boundary between crime and non crime is, how to distinguish this crime and that crime, and how to measure the light crime and the heavy crime.

For this core content, the law working committee of the peoples Congress makes a brief introduction:

The third chapter of the draft, crimes and penalties, is divided into six sections, which clearly stipulate the specific constitution and corresponding criminal responsibilities of the four types of crimes, namely, the crime of splitting the state, the crime of subverting the state power, the crime of terrorist activities, the crime of colluding with foreign countries or foreign forces to endanger national security, and other penalty provisions and scope of effectiveness. Distinguish different situations and stipulate four kinds of criminal punishment.

A simple paragraph, however, contains a huge amount of information. There are several key points worth noting:

Four types of criminal acts - this law is very clear about the criminal acts, that is, four charges, and there is no other.

1. Crime of splitting the country;

2. Crime of subverting state power;

3. Crime of terrorist activities;

4. The crime of colluding with foreign countries or forces outside China to endanger national security.

Scope of effect - this means making it clear where, to whom and when the law will have effect.

Distinguishing between different situations - suiting crime and punishment is both principle and common sense. The same accusation, the severity of the crime, the penalty will naturally be different. Generally speaking, distinguishing between different situations means not only defining the range of sentencing, but also clearly defining the circumstances of being heavier, lighter and lighter.

Why are the regulations so detailed? Of course, the first reason is to precisely crack down on crimes against national security and define untouchable high-voltage lines. However, we need to know that in any place, criminals are in the minority. The significance of this Law for the vast majority of ordinary people is not deterrence, but guidance, so that people have a clear expectation of the legal consequences of their actionsu2014u2014

As long as it is above the bottom line of the law, it can enjoy its due rights and freedoms without any worries.

Key words: maintain Hong Kong people governing Hong Kong

In the statement of the working committee of the law of the peoples Congress, there is a striking sentence: in addition to the special situation, the Hong Kong Special Administrative Region exercises jurisdiction over the criminal cases stipulated in this law.

This means that the principle of handling the four types of crimes endangering national security is the jurisdiction of Hong Kong Special Administrative Region, with the exception of the investigation by the national security administration in Hong Kong. It is not hard to see from the four words specific situation, this exception has strict and clear limits.

There is a story that the teacher points a point on the paper and asks the students what they see. The students said that they saw a point, and the teacher asked them: dont you see a piece of white paper?

In addition to the special love form is just like this striking point, which is specially explained by the law working committee of the peoples Congress, so that people can turn their attention back to the whole picture of this white paperu2014u2014

The word very few emphasizes the rarity of specific circumstances, and points out that special jurisdiction has two advantages:

u2014u2014It is conducive to supporting and strengthening the law enforcement and judicial work of the Hong Kong Special Administrative Region in safeguarding national security;

u2014u2014It is conducive to avoiding or leading to a state of emergency as stipulated in Article 18, paragraph 4, of the basic law of the Hong Kong Special Administrative Region.

As we all know, the fourth paragraph of Article 18 of the basic law describes a situation that no one would like to see: when there is turmoil in Hong Kong that endangers national unity or security beyond the control of the SAR government, the Central Peoples Government may issue an order to implement the relevant national laws in the Hong Kong Special Administrative Region.

Hong Kong will remain unchanged for 50 years is not to ignore Hong Kong for 50 years. Hong Kong is Chinas Hong Kong. Under very few and special circumstances, the national security administration of Hong Kong is committed to better safeguarding the Hong Kong peoples governance.

Key words 5: practice the spirit of the rule of law

The legal working committee of the peoples Congress listed the principle of the rule of law as a single item in the statement, and made a key explanation.

In respect of and protection of human rights, the note stressed that the national security law of the port area will protect the political rights and political freedom of speech, press, publishing, association, assembly, procession and demonstration of Hong Kong people. While punishing crimes against national security, the rights and freedoms enjoyed by Hong Kong citizens in accordance with the law will not be violated, but will be strictly protected by law.

When handling cases in accordance with this law, the statement emphasizes a series of universally accepted legal principles of criminal justice in the world:

Principle of legality of crime and punishment: if a crime is prescribed by law, the offender shall be convicted and punished in accordance with the law; if no crime is prescribed by law, the offender shall not be convicted and punished.

Presumption of innocence - anyone is presumed innocent until convicted by the judiciary.

The principle of protecting litigation rights of litigation participants is to protect the right of defense and other litigation rights enjoyed by suspects, defendants and other litigation participants according to law.

No more punishment for one act - no one who has been finally convicted or acquitted in judicial proceedings shall be tried or punished for the same act.

Both the rule of law and freedom are the core advantages of Hong Kong. The success of Hong Kong today has fully demonstrated that they are not incompatible, but complement each other.

National security law of the port area practices the rule of law, cracking down on crimes and curbing the interference of external forces. Only by upholding the rule of law, can the expression of opinions and the exercise of rights always run on the system track, and make Hong Kongs democracy and freedom on a sound development path.

Hong Kong is Chinas Hong Kong, and it is reasonable to maintain national security in Hong Kong.

The national security law of the port area is not a mantra to restrict Hong Kongs freedom, but a safety belt to ensure Hong Kongs development. The stronger the security, the more stable and prosperous Hong Kong will be.

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