The fact that there are many contradictions between the national security law and the common law of Hong Kong, said Zhang Daming, a principal lecturer at the University of Hong Kong Law School, in an interview with the station.
Hong Kong’s Court of Final Appeal granted the Department of Justice leave to appeal against the bail of Next Media founder Lai Chi-ying on New Year’s Eve (Thursday). One of the main points of the court is that the Department of Justice said that the court considered the bail conditions of the National Security Law of Hong Kong, can not be compared with the general criminal cases, said the provisions of the “presumption of innocence”, causing social controversy. Hong Kong legal scholar Zhang Daming said in an interview with this station, which reflects the National Security Law completely subverted Hong Kong common law, but also with the local laws of Hong Kong there are many contradictions, in the political infiltration of the court atmosphere, the court’s decision “more difficult”. (Lee Chi Chi reports)
In the court, the prosecution on behalf of the Department of Justice on the interpretation of the “Hong Kong National Security Law”, the court should consider the “Hong Kong National Security Law” bail conditions can not be compared with ordinary criminal cases, the “Hong Kong National Security Law” is not under the same legal system in Hong Kong, the provisions of the “presumption of innocence”. Therefore, when considering whether to grant bail, the issue of “national security” should be given more consideration. Article 42 of the National Security Law also states that bail shall not be granted unless the judge has good reason to believe that he will not continue to commit crimes against national security.
The statement has aroused public concern. Senior barrister Tang Jiahua, who is also a member of the Executive Council, also wrote an article on Facebook, saying that Article 5 of the National Security Law has clearly stated that anyone must be “presumed innocent” before being convicted, and criticized the prosecution’s lawyer’s remarks: “What a disgrace.
Zhang Daming: There are many contradictions between the national security law and common law
The University of Hong Kong Law School Principal Lecturer Zhang Daming said in an interview with this station, the facts reflect that there are many contradictions between the national security law and the common law of Hong Kong. He also quoted Article 5 of the Hong Kong National Security Law, which states: “Any person is presumed innocent until convicted by a judicial authority. The right of defense and other procedural rights of suspects, defendants and other participants in the proceedings are protected in accordance with the law,” he said, arguing that the crux of the problem is that the legislation itself is a subversion of Hong Kong’s domestic laws.
Zhang Daming said: the national security law is not a law drafted in Hong Kong, under one country, two systems, the paradox is that the existing courts are dealt with according to local law. Even if you say that common law does not apply, does it mean that the “presumption of innocence” does not apply? Article 5 of the National Security Law of Hong Kong states that any person is presumed innocent until convicted by a judicial authority. Now it is a complete reversal of the existing laws of Hong Kong. Because the law was written without discussion, and then said that the power of interpretation is in the Standing Committee of the National People’s Congress, not in the Hong Kong courts, which brings out many problems, impact on the existing legal system of Hong Kong, there are many unclear places. Simply put, (the national security law) is not the common law of Hong Kong.
Hong Kong courts will face two different legal systems
Zhang Daming also said that the Hong Kong court faced with the “Hong Kong National Security Law” and the Hong Kong common law of two different legal systems, adding to the difficulty of the decision.
Zhang Daming said: is very difficult to do. To Hong Kong courts to deal with laws not drafted under the legal system of Hong Kong, itself is not the design under the Basic Law, was pushed hard. One country, two systems, the original is to take into account the different legal systems of Hong Kong and the mainland, now the national security law is basically a set of domestic laws in Hong Kong to implement, so there is a big problem.
As early as July this year, Shen Chunyao, director of the NPC Standing Committee’s Legal Affairs Committee, commented on the relevant provisions “to respect and protect human rights” and “to implement some important principles of the rule of law in criminal matters”. However, at the same time, the University of Hong Kong School of Law held a forum to discuss national security, the University of Hong Kong School of Law Chair Professor of Public Law Chan Man Man questioned the inconsistency of the provisions, for example, the law provides that if the suspect is not satisfied that the suspect does not continue to endanger national security, otherwise bail is not allowed, and the presumption of innocence contradictory; and the same University of Hong Kong School of Law Chair Professor of Constitutional Law Chen Hongyi, also pointed out that some of the provisions of the Hong Kong national security law may not be based on common law principles The treatment.
Recent Comments