Hong Kong legal profession: requesting the National People’s Congress to interpret the law is reasonable and does not harm the judicial independence of Hong Kong-Hong Kong and Macau News- China Jingwei

China News Service, Hong Kong, November 29 (Reporter Han Xingtong) Regarding the case in which Li Zhiying hired a British lawyer to defend his crimes related to endangering national security, the chief executive of the administrative region Hong Kong special, Li Jiachao, submitted a report to the Central Committee and submitted it for interpretation by the Standing Committee of the National People’s Congress. Several people in Hong Kong’s legal circles were interviewed by a China News Agency reporter on the 29th. They believed that the relevant practices were reasonable and lawful and would not harm the independence of Hong Kong’s judiciary.

Li Zhiying, the founder of Next Media in Hong Kong, was accused of violating Hong Kong’s national security law earlier, involving “conspiracy with foreign countries or foreign forces to endanger national security” and other crimes. He tried to hire British lawyer 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 required to make a statement on “According to the legislative intent and purpose of the Hong Kong National Law on security, foreign lawyers who do not have all the local qualifications” Or lawyers can participate in any form in the work of dealing with crimes endangering national security”. Subsequently, the Justice Department of the Hong Special Administrative Region Government Kong has written to the High Court, requesting that the trial of Li Zhiying’s case regarding Hong Kong’s national security law be postponed, pending interpretation of the law.

Attorney Ma Enguo, chairman of the Hong Kong Legal Exchange Foundation, told reporters that he is in favor of asking the National People’s Congress to interpret the law. But Enguo said that in the current common law system, there is a “missing in” principle of constitutional interpretation that is being adopted by various countries from time to time. To put it simply, when the legislator misses or disregards some important linkages when making legislation, or some unforeseen problems arise with the development of society, the legislator may, on the basis of the assumption that he does not violate the original intention of the legislation, make changes to the legal provisions The “read failure” 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.

According to Ma Enguo, Li Zhiying’s accusation of “collusion with foreign countries or foreign forces to endanger national security” also necessitates the interpretation of the law. The lawyer defending him raises even more doubts whether foreign forces are assisting Jimmy Lai in the case, 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 the laws by the National People’s Congress People’s National Order is part of the constitutional order and the rule of law in Hong Kong. Under “One Country, Two Systems”, the courts in Hong Kong have the right to exercise the judiciary in accordance with the common law, while the Standing Committee of the National People’s Congress can also exercise the power of interpretation if it deems that some domestic 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 said that Li Zhiying’s case involving Hong Kong’s national security law is relatively special, involving crimes such as “conspiracy to collude with foreign countries or foreign forces to endanger national security.” Therefore, the possibility of political interference in related practices is difficult to avoid.

Chen Manqi, deputy of the Hong Kong National People’s Congress and founding chairman of the Hong Kong Chinese Bar Association, also expressed support for the chief executive’s proposal to the Standing Committee of the National People’s Congress to interpret the law. He 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 security law National Assembly of Hong Kong belongs to the Standing Committee of the National People’s Congress. Therefore, Chen Manqi believes that the Chief Executive Officer’s proposal to the National People’s Congress for the interpretation of the law is to better use Hong Kong’s common law system, maintain Hong Kong’s judicial independence in accordance with the establishment and respect the local lawyers and lawyers with complete local qualifications, which need to be taken according to specific circumstances. Measures to better implement the legal system and enforcement mechanism of the Hong Kong Special Administrative Region to safeguard national security and improve the judicial system and the legal system of the Hong Kong Special Administrative Region.

Du Gankun, president of the Bar Association, said 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 may exercise the power of interpretation at an appropriate time according to the circumstances. He believes that this request for interpretation to the Standing Committee of the National People’s Congress is handled through the existing mechanism and does not undermine Hong Kong’s judicial independence. Du Gankun also strongly believes that Hong Kong’s courts and legal profession will continue to fulfill their responsibilities to safeguard national security, uphold the rule of law and safeguard judicial independence.

Article source: China News Agency
Responsible editor: Yao Sihan

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