#NationalSecurityLaw #OneCountryOneSystem
HKU Legal Expert: National Security Law puts Mainland's Legal Concept into Hong Kong System, Ruining “One Country, Two Systems”
The Hong Kong version of National Security Law is to be enacted by the Standing Committee of the National People's Congress (NPCSC), and made applicable to Hong Kong where Common Law is practised. Johannes Chan Man-mun, professor at the Faculty of Law of the University of Hong Kong, said the NPC's decision is to be tantamount to putting the Mainland’s law concept into the Hong Kong system, describing it as the greatest impact on the Hong Kong legal system since the handover.
Chan expressed that the legal systems in China and Hong Kong are different, and that would have serious ramifications on Hong Kong's judicial system: “For instance, political beliefs are part and parcel of the recent national anthem law, while the law would be interpreted based on political beliefs, but that is not how our Court handles the law. If the Hong Kong Court's interpretation is not in line with the Central People's Government's wish, can the NPC give another interpretation? And if this interpretation is legally binding on the Hong Kong Court, will the Hong Kong Court become a rubber stamp?”
Then, at trial, which one (interpretation) does the protection received by the defendant follow? Chan said, “In the Hong Kong system, the prosecution has to have no reasonable doubt for the accused to be convicted, and the accused has the right to presume innocence. In contrast, almost all Chinese laws involving national security crimes are tried behind closed doors and it is almost impossible to know what the evidence is, how can Hong Kong operate under such a system?”
Article 23 of the Basic Law states that the (HK)SAR shall establish its own legislations on acts such as secession. Elsie Leung Oi-sie, Deputy Director of the Basic Law Committee, pointed out that the enactment of the National Security Law does not mean that there is no need to enact Article 23, while Chan considered the NPC's action this time as violating the spirit of Article 23, “This is causing the greatest impact on Hong Kong since the reunification, completely and utterly destroying our Common Law system. All along, what has been the difference that defined ‘One Country, Two Systems’? It is the difference in the legal systems. A rift has opened up and the Chinese system has been incorporated into Hong Kong, while there will be no more ‘One Country, Two Systems’, as the Hong Kong system no longer exists.”
Source: Cable News
#May22 #1C2S #Article23 #NPC #RuleofLaw #JohannesChan
Further Reading
China's national security officials to "perform their duties” in Hong Kong
https://t.me/guardiansofhongkong/21108
Chris Patten: "Chinese Communism is not to be trusted on anything"
https://t.me/guardiansofhongkong/21050
PRC Representative in Hong Kong : Time to implement “One Country, One System”
https://t.me/guardiansofhongkong/21052
HKU Legal Expert: National Security Law puts Mainland's Legal Concept into Hong Kong System, Ruining “One Country, Two Systems”
The Hong Kong version of National Security Law is to be enacted by the Standing Committee of the National People's Congress (NPCSC), and made applicable to Hong Kong where Common Law is practised. Johannes Chan Man-mun, professor at the Faculty of Law of the University of Hong Kong, said the NPC's decision is to be tantamount to putting the Mainland’s law concept into the Hong Kong system, describing it as the greatest impact on the Hong Kong legal system since the handover.
Chan expressed that the legal systems in China and Hong Kong are different, and that would have serious ramifications on Hong Kong's judicial system: “For instance, political beliefs are part and parcel of the recent national anthem law, while the law would be interpreted based on political beliefs, but that is not how our Court handles the law. If the Hong Kong Court's interpretation is not in line with the Central People's Government's wish, can the NPC give another interpretation? And if this interpretation is legally binding on the Hong Kong Court, will the Hong Kong Court become a rubber stamp?”
Then, at trial, which one (interpretation) does the protection received by the defendant follow? Chan said, “In the Hong Kong system, the prosecution has to have no reasonable doubt for the accused to be convicted, and the accused has the right to presume innocence. In contrast, almost all Chinese laws involving national security crimes are tried behind closed doors and it is almost impossible to know what the evidence is, how can Hong Kong operate under such a system?”
Article 23 of the Basic Law states that the (HK)SAR shall establish its own legislations on acts such as secession. Elsie Leung Oi-sie, Deputy Director of the Basic Law Committee, pointed out that the enactment of the National Security Law does not mean that there is no need to enact Article 23, while Chan considered the NPC's action this time as violating the spirit of Article 23, “This is causing the greatest impact on Hong Kong since the reunification, completely and utterly destroying our Common Law system. All along, what has been the difference that defined ‘One Country, Two Systems’? It is the difference in the legal systems. A rift has opened up and the Chinese system has been incorporated into Hong Kong, while there will be no more ‘One Country, Two Systems’, as the Hong Kong system no longer exists.”
Source: Cable News
#May22 #1C2S #Article23 #NPC #RuleofLaw #JohannesChan
Further Reading
China's national security officials to "perform their duties” in Hong Kong
https://t.me/guardiansofhongkong/21108
Chris Patten: "Chinese Communism is not to be trusted on anything"
https://t.me/guardiansofhongkong/21050
PRC Representative in Hong Kong : Time to implement “One Country, One System”
https://t.me/guardiansofhongkong/21052
#JossPaper
Joss Paper Symbolises End of #1C2S
17:30 | Canal Road Flyover
Lots of joss paper were found scattered around Canal Road Flyover. For protesters, this symbolises the end of “one country two systems”.
Source: Local Press HK
#Jul1 #HKProtest #NationalSecurityLaw
Joss Paper Symbolises End of #1C2S
17:30 | Canal Road Flyover
Lots of joss paper were found scattered around Canal Road Flyover. For protesters, this symbolises the end of “one country two systems”.
Source: Local Press HK
#Jul1 #HKProtest #NationalSecurityLaw
Taiwan's First Directly Elected President, "Mr. Democracy" Lee Teng-hui Passes Away at the Age of 97
Lee Teng-hui, Taiwan's first directly elected president, passed away in Taipei at 19:24 on July 30, 2020 at the age of 97.
Lee was known to have brought democracy to Taiwan as we know it today. Lee was born in Taiwan in 1923 during the Japanese colonial era and later obtained an agricultural economics PhD from Cornell in 1968.
During his presidency from 1988-2000, he spearheaded the end of the 38-year long martial law period, implemented full democratization and advocated for localization in Taiwan.
Lee was reelected in the country's first free and fair presidential election in 1996, amidst military threats from China. He had openly denounced the proposed "One Country Two Systems" policy, instead redefining Taiwan's relationship with the People's Republic of China as one of state-to-state relations.
Source: New York Times; Central News Agency #Jul30
#LeeTengHui #Taiwan #DirectlyElected #1C2S
Lee Teng-hui, Taiwan's first directly elected president, passed away in Taipei at 19:24 on July 30, 2020 at the age of 97.
Lee was known to have brought democracy to Taiwan as we know it today. Lee was born in Taiwan in 1923 during the Japanese colonial era and later obtained an agricultural economics PhD from Cornell in 1968.
During his presidency from 1988-2000, he spearheaded the end of the 38-year long martial law period, implemented full democratization and advocated for localization in Taiwan.
Lee was reelected in the country's first free and fair presidential election in 1996, amidst military threats from China. He had openly denounced the proposed "One Country Two Systems" policy, instead redefining Taiwan's relationship with the People's Republic of China as one of state-to-state relations.
Source: New York Times; Central News Agency #Jul30
#LeeTengHui #Taiwan #DirectlyElected #1C2S