#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
#NationalSecurityLaw
1351 | Beijing
Xinhua News Agency: The Standing Committee of the National People’s Congress to consider the implementation of the National Security Law
#Jun18 #NPC #StandingCommittee
1351 | Beijing
Xinhua News Agency: The Standing Committee of the National People’s Congress to consider the implementation of the National Security Law
#Jun18 #NPC #StandingCommittee
#NPC #Beijing
Shen Jilan, world's longest serving congresswoman, dies aged 90 in China
As the only delegate to the National People's Congress to have served 13 consecutive terms, Shen had proposed some proposals, including:
- Banning the TV remote in China, forcing all Chinese to watch the state broadcaster CCTV-1;
- Demanding PRC citizens to pass political censorship and receive public security bureau approval before being allowed access to the internet; and
- Censoring the term "corrupt official" to show that the CCP is a great and correct party, while classifying "corrupt officials" as "members of the public who have infiltrated the party".
Source: Apply Daily #Jun29
#ShenJiLan
Shen Jilan, world's longest serving congresswoman, dies aged 90 in China
As the only delegate to the National People's Congress to have served 13 consecutive terms, Shen had proposed some proposals, including:
- Banning the TV remote in China, forcing all Chinese to watch the state broadcaster CCTV-1;
- Demanding PRC citizens to pass political censorship and receive public security bureau approval before being allowed access to the internet; and
- Censoring the term "corrupt official" to show that the CCP is a great and correct party, while classifying "corrupt officials" as "members of the public who have infiltrated the party".
Source: Apply Daily #Jun29
#ShenJiLan
#LegCoElection #NPC #InfiniteTerm #Vacuum #1C1S
Pro-democracy Legislators Censure Decision on Submitting Issue Regarding Vacuum Period to NPC, Citing Constitutional Loophole
Source: Stand News #Aug1
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Pro-democracy Legislators Censure Decision on Submitting Issue Regarding Vacuum Period to NPC, Citing Constitutional Loophole
Source: Stand News #Aug1
Read more
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#LegCoElection #NPC #InfiniteTerm #Vacuum #1C1S
Pro-democracy Legislators Censure Decision on Submitting Issue Regarding Vacuum Period to NPC, Citing Constitutional Loophole
Chief Executive Carrie Lam announced on Friday, 31 July that the election would be postponed to September 5 next year according to the Emergency Regulations Ordinance, yet the arrangements for the 1-year vacuum period remains to be determined by Central Government via the Standing Committee of the National People's Congress. 22 pro-democracy legislators issued a joint declaration, censuring Lam for "creating the vacuum period and constitutional loophole out of thin air", and for bring Hong Kong "to a state of no return."
They stated that legal matters regarding the elections could be done locally as the elections are considered part of the local autonomy to reduce political shock, but since the government submitted this issue regarding the "vacuum period" to the NPC, they feared that Hong Kong would be trapped in a "sinkhole of the NPC's power", with Beijing taking the opportunity to create its own rules and pass "evil laws", trampling on Hong Kong's democratically-elected legislative system.
The legislators feared that submitting this issue to the NPC would shake the constitutional foundations for a high degree of autonomy to its core, likening it to surrendering Hong Kong's fate for the second time. They called Lam's decisions into question, claiming that Lam postponed the elections fearing the voice of the people after estimating the turnout rate of the elections to be around 70%.
They stated that public discontent has been deepening for the past year following the Extradition Bill, National Security Law, and the government's inability to control the pandemic, and they feared that the regime would "get greedy" and form the "indefinite extended-term Congress"
Editor's Note: The "indefinite extended-term Congress" refers to the Congress of the Republic of China (ROC) between 1948 and 1991, where democratically elected legislators stayed in power for over forty years due to the ROC never having "liberated the mainland", and thus was unable to let people in the mainland elect for their legislators.
Source: Stand News #Aug1
Pro-democracy Legislators Censure Decision on Submitting Issue Regarding Vacuum Period to NPC, Citing Constitutional Loophole
Chief Executive Carrie Lam announced on Friday, 31 July that the election would be postponed to September 5 next year according to the Emergency Regulations Ordinance, yet the arrangements for the 1-year vacuum period remains to be determined by Central Government via the Standing Committee of the National People's Congress. 22 pro-democracy legislators issued a joint declaration, censuring Lam for "creating the vacuum period and constitutional loophole out of thin air", and for bring Hong Kong "to a state of no return."
They stated that legal matters regarding the elections could be done locally as the elections are considered part of the local autonomy to reduce political shock, but since the government submitted this issue regarding the "vacuum period" to the NPC, they feared that Hong Kong would be trapped in a "sinkhole of the NPC's power", with Beijing taking the opportunity to create its own rules and pass "evil laws", trampling on Hong Kong's democratically-elected legislative system.
The legislators feared that submitting this issue to the NPC would shake the constitutional foundations for a high degree of autonomy to its core, likening it to surrendering Hong Kong's fate for the second time. They called Lam's decisions into question, claiming that Lam postponed the elections fearing the voice of the people after estimating the turnout rate of the elections to be around 70%.
They stated that public discontent has been deepening for the past year following the Extradition Bill, National Security Law, and the government's inability to control the pandemic, and they feared that the regime would "get greedy" and form the "indefinite extended-term Congress"
Editor's Note: The "indefinite extended-term Congress" refers to the Congress of the Republic of China (ROC) between 1948 and 1991, where democratically elected legislators stayed in power for over forty years due to the ROC never having "liberated the mainland", and thus was unable to let people in the mainland elect for their legislators.
Source: Stand News #Aug1
#Breaking #Disqualification
Standing Committee of the NPC Disqualifies Four Pro-Democracy Legislators From Office
Source: Stand News
#Nov11 #LegCo #NPC #AlvinYeung #DennisKwok #KwokKaKi #KennethLeung
Read more
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Standing Committee of the NPC Disqualifies Four Pro-Democracy Legislators From Office
Source: Stand News
#Nov11 #LegCo #NPC #AlvinYeung #DennisKwok #KwokKaKi #KennethLeung
Read more
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#Breaking #Disqualification
China's Standing Committee of the NPC Disqualifies Four Pro-Democracy Legislators From Office in Hong Kong
China-owned Xinhua News Agency reports that the PRC's Standing Committee of the National People's Congress has passed a motion which states legislators who "support or spread opinions related to Hong Kong Independence, refused to recognise national sovereignty, colluding with foreign influences to sway HKSARG affairs, or performing acts that threatens national security" would not be found conforming the legal requirements of upholding the Basic Law and their allegiance for legislators in Hong Kong, and thus would be "disqualified immediately after such claims were recognised by the law". This motion also applies for those who were disqualified for the following Legislative Council election originally scheduled for this September.
The HKSAR government then immediately released a statement announcing that, as per the Standing Committee's decision, Alvin Yeung Ngok-kiu, Dennis Kwok Wing-hang and Kwok Ka-ki of the Civic Party, and Kenneth Leung Kai-cheong of The Professionals Guild were to be disqualified immediately from their roles as legislators. The government has also stated that the decision would soon be gazetted.
Source: Stand News
#Nov11 #LegCo #NPC #AlvinYeung #DennisKwok #KwokKaKi #KennethLeung
China's Standing Committee of the NPC Disqualifies Four Pro-Democracy Legislators From Office in Hong Kong
China-owned Xinhua News Agency reports that the PRC's Standing Committee of the National People's Congress has passed a motion which states legislators who "support or spread opinions related to Hong Kong Independence, refused to recognise national sovereignty, colluding with foreign influences to sway HKSARG affairs, or performing acts that threatens national security" would not be found conforming the legal requirements of upholding the Basic Law and their allegiance for legislators in Hong Kong, and thus would be "disqualified immediately after such claims were recognised by the law". This motion also applies for those who were disqualified for the following Legislative Council election originally scheduled for this September.
The HKSAR government then immediately released a statement announcing that, as per the Standing Committee's decision, Alvin Yeung Ngok-kiu, Dennis Kwok Wing-hang and Kwok Ka-ki of the Civic Party, and Kenneth Leung Kai-cheong of The Professionals Guild were to be disqualified immediately from their roles as legislators. The government has also stated that the decision would soon be gazetted.
Source: Stand News
#Nov11 #LegCo #NPC #AlvinYeung #DennisKwok #KwokKaKi #KennethLeung
#FailedState #LegCo
Beijing Loyalist 'Teaches' Disqualified Lawmakers How to 'Whitewash' Themselves
Source: Stand News #Nov13
Read more
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https://t.me/guardiansofhongkong/26718
Beijing Loyalist 'Teaches' Disqualified Lawmakers How to 'Whitewash' Themselves
Source: Stand News #Nov13
Read more
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https://t.me/guardiansofhongkong/26718
#FailedState #LegCo
Beijing Loyalist 'Teaches' Disqualified Lawmakers How to 'Whitewash' Themselves
On November 13, 2020, the Chinese People's Political Consultative Conference (#CPPCC) Hong Kong members formed "Friends of Hong Kong Association" and held a press conference, with a claim to support the National People’s Congress (#NPC) as well as the Hong Kong government to disqualify the 4 LegCo councilors.
The Chairman of the Association, also a Standing Committee Member of the CPPCC National Committee, Henry Tang Ying-yen criticized the four disqualified as openly promoting “Hong Kong Independence” and demanding the U.S. to put sanctions on China and Hong Kong.
However, Tang also suggested that the disqualified persons could send letters to the U.S., including publicly declaring regret for the past actions, withdrawing their speeches and asking the U.S. government to withdraw sanctions, may able to be “whitewashed” and become a candidate in future election.
Source: Stand News #Nov13
https://www.facebook.com/710476795704610/posts/3641148522637408/
#UnitedFront #CoOpt #CCPControl #HenryTang
Beijing Loyalist 'Teaches' Disqualified Lawmakers How to 'Whitewash' Themselves
On November 13, 2020, the Chinese People's Political Consultative Conference (#CPPCC) Hong Kong members formed "Friends of Hong Kong Association" and held a press conference, with a claim to support the National People’s Congress (#NPC) as well as the Hong Kong government to disqualify the 4 LegCo councilors.
The Chairman of the Association, also a Standing Committee Member of the CPPCC National Committee, Henry Tang Ying-yen criticized the four disqualified as openly promoting “Hong Kong Independence” and demanding the U.S. to put sanctions on China and Hong Kong.
However, Tang also suggested that the disqualified persons could send letters to the U.S., including publicly declaring regret for the past actions, withdrawing their speeches and asking the U.S. government to withdraw sanctions, may able to be “whitewashed” and become a candidate in future election.
Source: Stand News #Nov13
https://www.facebook.com/710476795704610/posts/3641148522637408/
#UnitedFront #CoOpt #CCPControl #HenryTang
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#Sanction
#US Sanctions 14 Chinese Officials for Undermining Hong Kong's Autonomy
On Dec 7, 2020, he US Department of State sanctions 14 Vice-Chairpersons of China's National People's Congress (#NPC) for undermining Hong Kong's autonomy.
These 14 individuals are Wang Chen, Cao Jianming, Zhang Chunxian, Shen Yueyue, Ji Bingxuan, Arken Imirbaki, Wan Exiang, Chen Du, Wang Dongming, Padma Choling, Ding Zhongli, Hao Mingjin, Cai Dafeng, and Wu Weihua.
These individuals and their immediate family members will be barred from travelling to the US. Their assets within the jurisdiction of the United States or in the possession or control of U.S. persons will be blocked and U.S. persons are generally prohibited from dealing with them.
US State Secretary Mike Pompeo comdemned "Beijing’s unrelenting assault against Hong Kong’s democratic processes" which has "gutted its Legislative Council, rendering the body a rubber stamp devoid of meaningful opposition."
Source: US State Department #Dec7
#US Sanctions 14 Chinese Officials for Undermining Hong Kong's Autonomy
On Dec 7, 2020, he US Department of State sanctions 14 Vice-Chairpersons of China's National People's Congress (#NPC) for undermining Hong Kong's autonomy.
These 14 individuals are Wang Chen, Cao Jianming, Zhang Chunxian, Shen Yueyue, Ji Bingxuan, Arken Imirbaki, Wan Exiang, Chen Du, Wang Dongming, Padma Choling, Ding Zhongli, Hao Mingjin, Cai Dafeng, and Wu Weihua.
These individuals and their immediate family members will be barred from travelling to the US. Their assets within the jurisdiction of the United States or in the possession or control of U.S. persons will be blocked and U.S. persons are generally prohibited from dealing with them.
US State Secretary Mike Pompeo comdemned "Beijing’s unrelenting assault against Hong Kong’s democratic processes" which has "gutted its Legislative Council, rendering the body a rubber stamp devoid of meaningful opposition."
Source: US State Department #Dec7