Report by : Gan Yung Chyan
/ KUCINTA SETIA
The agenda of the Third Session of the Thirteenth National People's Congress includes the NPC Standing Committee's request for consideration of the "Decision of the National People's Congress on Establishing and Improving the Legal System and Enforcement Mechanism for the Maintenance of National Security in the Hong Kong Special Administrative Region (Draft)." The Hong Kong Bar Association issued a statement on 25 May 2020 in response, stating that there are a few "worries" over the draft.
1. The Standing Committee of the National People's Congress has no right to include the draft in Annex III of the Basic Law
The statement pointed out that Article 18 (3) of the Basic Law stipulates that any listed in Annex III are limited to laws that do not fall within the scope of Hong Kong ’s autonomy, such as national defense and diplomacy. The scope covered by Article 23 should be Hong Kong’s own legislation within the scope of self-government. The Standing Committee of the National People’s Congress does not have the right to incorporate the Hong Kong National Security Law into Annex III of the Basic Law with Article 18 of the Basic Law.
2. The draft does not guarantee compliance with the International Covenant on Civil and Political Rights
The draft does not guarantee that the Hong Kong National Security Law will comply with the provisions of the International Covenant on Civil and Political Rights, and the rights and freedoms mentioned in the Covenant are protected by the Basic Law. The Bar Association believes that the public deserves the opportunity to consider and debate a law that affects their powers and obligations.
3. The power of relevant law enforcement agencies is ambiguous
The draft proposes to establish "a central government's relevant institution for safeguarding national security" in Hong Kong. The Bar Association believes that the institution will act in accordance with Hong Kong laws, whether it is regulated by Hong Kong laws, and its law enforcement powers are ambiguous. "Article 22.
4. The content of the draft makes people feel that the independence of the judiciary is weakened
The draft proposes that the judiciary should prevent, stop and punish acts that endanger national security in accordance with the Hong Kong National Security Law. The Bar Association believes that this gives rise to a perception that the judiciary is or will be instructed on how to make judgments. The cornerstone of Hong Kong should not be weakened and shaken.
The Hong Kong Bar Association believes that the National People’s Congress Standing Committee’s enactment of the “Hong Kong National Security Law” has caused great anxiety among the local and international communities and calls on the Hong Kong Government to urgently address the above constitutional and legal concerns.
Source : Ming Pao
/ KUCINTA SETIA
The agenda of the Third Session of the Thirteenth National People's Congress includes the NPC Standing Committee's request for consideration of the "Decision of the National People's Congress on Establishing and Improving the Legal System and Enforcement Mechanism for the Maintenance of National Security in the Hong Kong Special Administrative Region (Draft)." The Hong Kong Bar Association issued a statement on 25 May 2020 in response, stating that there are a few "worries" over the draft.
1. The Standing Committee of the National People's Congress has no right to include the draft in Annex III of the Basic Law
The statement pointed out that Article 18 (3) of the Basic Law stipulates that any listed in Annex III are limited to laws that do not fall within the scope of Hong Kong ’s autonomy, such as national defense and diplomacy. The scope covered by Article 23 should be Hong Kong’s own legislation within the scope of self-government. The Standing Committee of the National People’s Congress does not have the right to incorporate the Hong Kong National Security Law into Annex III of the Basic Law with Article 18 of the Basic Law.
2. The draft does not guarantee compliance with the International Covenant on Civil and Political Rights
The draft does not guarantee that the Hong Kong National Security Law will comply with the provisions of the International Covenant on Civil and Political Rights, and the rights and freedoms mentioned in the Covenant are protected by the Basic Law. The Bar Association believes that the public deserves the opportunity to consider and debate a law that affects their powers and obligations.
3. The power of relevant law enforcement agencies is ambiguous
The draft proposes to establish "a central government's relevant institution for safeguarding national security" in Hong Kong. The Bar Association believes that the institution will act in accordance with Hong Kong laws, whether it is regulated by Hong Kong laws, and its law enforcement powers are ambiguous. "Article 22.
4. The content of the draft makes people feel that the independence of the judiciary is weakened
The draft proposes that the judiciary should prevent, stop and punish acts that endanger national security in accordance with the Hong Kong National Security Law. The Bar Association believes that this gives rise to a perception that the judiciary is or will be instructed on how to make judgments. The cornerstone of Hong Kong should not be weakened and shaken.
The Hong Kong Bar Association believes that the National People’s Congress Standing Committee’s enactment of the “Hong Kong National Security Law” has caused great anxiety among the local and international communities and calls on the Hong Kong Government to urgently address the above constitutional and legal concerns.
Source : Ming Pao
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