#OneCountryOneSystem
National Security Law to Deviate from Hong Kong's Common Law System
//On June 14, Hong Kong's Secretary for Justice Teresa Cheng says it is impractical for people to expect the upcoming national security law to be completely in line with Hong Kong’s common law system, despite assurance from an Exco member suggesting otherwise.
“It is impractical and unreasonable to expect that everything in a national law, the National Security Law, will be exactly as what a statute in the HKSAR common law jurisdiction would be like,” Cheng wrote in her blog.//
Source: RTHK #Jun14
#CommonLaw #NationalSecurityLaw
#FailedState #Court
National Security Law to Deviate from Hong Kong's Common Law System
//On June 14, Hong Kong's Secretary for Justice Teresa Cheng says it is impractical for people to expect the upcoming national security law to be completely in line with Hong Kong’s common law system, despite assurance from an Exco member suggesting otherwise.
“It is impractical and unreasonable to expect that everything in a national law, the National Security Law, will be exactly as what a statute in the HKSAR common law jurisdiction would be like,” Cheng wrote in her blog.//
Source: RTHK #Jun14
#CommonLaw #NationalSecurityLaw
#FailedState #Court
#EditorialColumn #Jun15
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
"...As Hong Kong's Secretary for Justice Teresa Cheng admitted on June 14 that the National Security Law is unlikely to be based on common law, China is inserting a Chinese-style statute into Hong Kong's common law system.
The question arises: Will Hong Kong's National Security Law cases be recognized by other common law countries?"
Continue Reading
⬇️⬇️
https://t.me/guardiansofhongkong/22449
Photo taken by Daniel Cheung on June 9, 2020 in Central
#LegalTerrorism #CommonLaw #CivilLaw #ChinaJudiciary
Secretary for Justice Admits National Security Law to Deviate from Hong Kong's Common Law System
https://t.me/guardiansofhongkong/22447
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
"...As Hong Kong's Secretary for Justice Teresa Cheng admitted on June 14 that the National Security Law is unlikely to be based on common law, China is inserting a Chinese-style statute into Hong Kong's common law system.
The question arises: Will Hong Kong's National Security Law cases be recognized by other common law countries?"
Continue Reading
⬇️⬇️
https://t.me/guardiansofhongkong/22449
Photo taken by Daniel Cheung on June 9, 2020 in Central
#LegalTerrorism #CommonLaw #CivilLaw #ChinaJudiciary
Secretary for Justice Admits National Security Law to Deviate from Hong Kong's Common Law System
https://t.me/guardiansofhongkong/22447
#EditorialColumn #Jun15
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
China's decision to insert the National Security Law" as a so-called "nationwide" law into Hong Kong's legal system has far reaching ramifications - not only to Hong Kong, but also to the rest of the world.
The problematics stem from the very different nature of the two legal systems: Hong Kong's common law system inherited from Britain vis-a-vis China's own blend of civil law and socialist law.
Different Systems, Different Values
The strength of a common law system lies in the common legal basis and values agreed upon by countries and regions sharing the same system. International business is founded on this, especially for fast-paced decision makers who would not have time for the intricacies of a different local law - for example, China's.
The concept of judicial precedent, central to all common law systems, constrains judges to base their rulings on the principles laid down in past cases. These precedent cases may be cited from other common law countries. In fact, Commonwealth and former Commonwealth regions such as Australia, Canada, and Hong Kong recognize, and often cite, each other's cases.
However, in China's law system, judges base their decisions only on the text of the law (and from time to time, on the whims and fancies of the Party)--not on any previous cases, nor cases from other legal systems, and certainly not on the universally shared values underlying those courts' decisions. It is noteworthy that in China's court, the conviction rate is nearly 99%.
As Hong Kong's Secretary for Justice Teresa Cheng admitted on June 14 that the National Security Law is unlikely to be based on common law, China is inserting a Chinese-style statute into Hong Kong's common law system.
The question arises: Will Hong Kong's National Security Law cases be recognized by other common law countries?
One Country, One (Messed Up) System?
This raises some worrying scenarios:
Scenario 1: After winning national security cases in Hong Kong, China sues governments and private enterprises in other common law countries, citing Hong Kong cases as precedents.
Scenario 2: To avoid scenario 1, other countries no longer recognize Hong Kong's case rulings as being made under common law. Then Hong Kong's legal system becomes a unique (thus isolated) "common law system with Chinese characteristics", losing the greatest advantage of common law - that is, individuals and companies can understand and execute contracts according to values common to the rest of the world.
In China, concerns of national security is all-encompassing; even the revenue of Huawei and other "national enterprises" are "national security" issues. If scenario 2 comes to pass, not only are small and medium businesses robbed of the legal protection they once enjoyed, even multinational companies are in danger of losing basic properties, including their trademarks (recall that Chinese courts ruled that even Michael Jordan doesn't own the rights to his own name within China).
Incoming: Legal Terrorism
China's forcing their national security law upon Hong Kong severely undermines the foundation of Hong Kong's legal system; this has been widely noted and criticized by the international community.
Although foreign countries can withdraw their capital and mitigate their losses, this does not stop China from launching legal terrorism attacks into the common law world, by exporting precedent cases under this "common law with Chinese characteristics".
Image
#LegalTerrorism #CommonLaw #CivilLaw #ChinaJudiciary
Secretary for Justice Admits National Security Law to Deviate from Hong Kong's Common Law System
https://t.me/guardiansofhongkong/22447
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
China's decision to insert the National Security Law" as a so-called "nationwide" law into Hong Kong's legal system has far reaching ramifications - not only to Hong Kong, but also to the rest of the world.
The problematics stem from the very different nature of the two legal systems: Hong Kong's common law system inherited from Britain vis-a-vis China's own blend of civil law and socialist law.
Different Systems, Different Values
The strength of a common law system lies in the common legal basis and values agreed upon by countries and regions sharing the same system. International business is founded on this, especially for fast-paced decision makers who would not have time for the intricacies of a different local law - for example, China's.
The concept of judicial precedent, central to all common law systems, constrains judges to base their rulings on the principles laid down in past cases. These precedent cases may be cited from other common law countries. In fact, Commonwealth and former Commonwealth regions such as Australia, Canada, and Hong Kong recognize, and often cite, each other's cases.
However, in China's law system, judges base their decisions only on the text of the law (and from time to time, on the whims and fancies of the Party)--not on any previous cases, nor cases from other legal systems, and certainly not on the universally shared values underlying those courts' decisions. It is noteworthy that in China's court, the conviction rate is nearly 99%.
As Hong Kong's Secretary for Justice Teresa Cheng admitted on June 14 that the National Security Law is unlikely to be based on common law, China is inserting a Chinese-style statute into Hong Kong's common law system.
The question arises: Will Hong Kong's National Security Law cases be recognized by other common law countries?
One Country, One (Messed Up) System?
This raises some worrying scenarios:
Scenario 1: After winning national security cases in Hong Kong, China sues governments and private enterprises in other common law countries, citing Hong Kong cases as precedents.
Scenario 2: To avoid scenario 1, other countries no longer recognize Hong Kong's case rulings as being made under common law. Then Hong Kong's legal system becomes a unique (thus isolated) "common law system with Chinese characteristics", losing the greatest advantage of common law - that is, individuals and companies can understand and execute contracts according to values common to the rest of the world.
In China, concerns of national security is all-encompassing; even the revenue of Huawei and other "national enterprises" are "national security" issues. If scenario 2 comes to pass, not only are small and medium businesses robbed of the legal protection they once enjoyed, even multinational companies are in danger of losing basic properties, including their trademarks (recall that Chinese courts ruled that even Michael Jordan doesn't own the rights to his own name within China).
Incoming: Legal Terrorism
China's forcing their national security law upon Hong Kong severely undermines the foundation of Hong Kong's legal system; this has been widely noted and criticized by the international community.
Although foreign countries can withdraw their capital and mitigate their losses, this does not stop China from launching legal terrorism attacks into the common law world, by exporting precedent cases under this "common law with Chinese characteristics".
Image
#LegalTerrorism #CommonLaw #CivilLaw #ChinaJudiciary
Secretary for Justice Admits National Security Law to Deviate from Hong Kong's Common Law System
https://t.me/guardiansofhongkong/22447
Telegram
📡Guardians of Hong Kong
#EditorialColumn #Jun15
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
"...As Hong Kong's Secretary for Justice Teresa Cheng admitted on June 14 that the National Security Law is unlikely to be based on common law, China…
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
"...As Hong Kong's Secretary for Justice Teresa Cheng admitted on June 14 that the National Security Law is unlikely to be based on common law, China…
Hong Kong’s courts are the last check on Beijing’s growing power
Prosecutors charged Lai under a sweeping national security law imposed by Beijing in June, saying he colluded with foreigners by calling for sanctions against China. The trial of Lai, who denies wrongdoing, will test just how drastically Hong Kong has changed over the past six months. After decades of enjoying freedoms that don’t exist in mainland China, residents of the financial hub now face prosecution for voicing political views deemed threatening to the Communist Party — a breach of promises China made when Britain handed over the former colony in 1997.
The courts are on the front lines of this clash between two very different legal systems, Communist Party in power and English Common Law. As the first security law trials get under way next year, Hong Kong’s independent judiciary is emerging as the last check on Beijing’s power.
“The Communist Party views the judiciary system differently than western democracies,” said Dongshu Liu, assistant professor of Chinese politics at the City University of Hong Kong.
Source: Japanese Times #Dec23
https://www.japantimes.co.jp/news/2020/12/23/asia-pacific/crime-legal-asia-pacific/hong-kong-courts/
#HongKongCourt #JimmyLai #CommonLaw #CCP
Prosecutors charged Lai under a sweeping national security law imposed by Beijing in June, saying he colluded with foreigners by calling for sanctions against China. The trial of Lai, who denies wrongdoing, will test just how drastically Hong Kong has changed over the past six months. After decades of enjoying freedoms that don’t exist in mainland China, residents of the financial hub now face prosecution for voicing political views deemed threatening to the Communist Party — a breach of promises China made when Britain handed over the former colony in 1997.
The courts are on the front lines of this clash between two very different legal systems, Communist Party in power and English Common Law. As the first security law trials get under way next year, Hong Kong’s independent judiciary is emerging as the last check on Beijing’s power.
“The Communist Party views the judiciary system differently than western democracies,” said Dongshu Liu, assistant professor of Chinese politics at the City University of Hong Kong.
Source: Japanese Times #Dec23
https://www.japantimes.co.jp/news/2020/12/23/asia-pacific/crime-legal-asia-pacific/hong-kong-courts/
#HongKongCourt #JimmyLai #CommonLaw #CCP
The Japan Times
Hong Kong’s courts are the last check on Beijing’s growing power
The courts are on the front lines of a clash between two very different legal systems.
#Court #Regime #Judiciary
Pleading for the First #NationalSecurityLaw Conviction -- Hongkonger Raises Sign in Silence: "If there is no jury, does #CommonLaw still exist?"
Source: InMedia HK #Jul29
Read more: ⬇️⬇️
Pleading for the First #NationalSecurityLaw Conviction -- Hongkonger Raises Sign in Silence: "If there is no jury, does #CommonLaw still exist?"
Source: InMedia HK #Jul29
Read more: ⬇️⬇️
#Court #Regime #Judiciary
Pleading for the First #NationalSecurityLaw Conviction -- Hongkonger Raises Sign in Silence: "If there is no jury, does #CommonLaw still exist?"
The first National Security Law case against 24-year-old Tong Ying-Kit resulted in a conviction on "inciting secession" and "terrorism".
On Jul 29, 2021 is the day for mitigation, and the sentencing is scheduled on Jul 30.
Michael, in his 70s this year, raised a sign he handwrote: "If there is no jury, does Common Law still exist?" at Taikoo Plaza and stood in silence.
In response to the conviction of Tong, he bluntly replied, "It's already expected" and criticized that "under Common Law, large cases that go to the High court must have juries present- why isn't there one all of a sudden?"
"The three judges collude with each other, and it is no different from Mainland China." He lamented, "Now there is no law. Rule of law is dead."
Michael predicted that Tong, "even without life imprisonment, will face more than 20 years [of jail]."
He also described that currently, "NSL rules us all," so action does not change much and he fears arrest. However, he still came out and expressed his sentiments. "I'm a hardliner- if you don't shout they'd think you're dead."
Source: InMedia HK #Jul29
======
Read more:
Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?
https://t.me/guardiansofhongkong/22449b
China Supporters call to send #AppleDaily Founder #JimmyLai for trial in China
https://t.me/guardiansofhongkong/27372
#HongKongProtest #TongYingKit #NSL #PoliticalOppression #RuleOfLaw
Pleading for the First #NationalSecurityLaw Conviction -- Hongkonger Raises Sign in Silence: "If there is no jury, does #CommonLaw still exist?"
The first National Security Law case against 24-year-old Tong Ying-Kit resulted in a conviction on "inciting secession" and "terrorism".
On Jul 29, 2021 is the day for mitigation, and the sentencing is scheduled on Jul 30.
Michael, in his 70s this year, raised a sign he handwrote: "If there is no jury, does Common Law still exist?" at Taikoo Plaza and stood in silence.
In response to the conviction of Tong, he bluntly replied, "It's already expected" and criticized that "under Common Law, large cases that go to the High court must have juries present- why isn't there one all of a sudden?"
"The three judges collude with each other, and it is no different from Mainland China." He lamented, "Now there is no law. Rule of law is dead."
Michael predicted that Tong, "even without life imprisonment, will face more than 20 years [of jail]."
He also described that currently, "NSL rules us all," so action does not change much and he fears arrest. However, he still came out and expressed his sentiments. "I'm a hardliner- if you don't shout they'd think you're dead."
Source: InMedia HK #Jul29
======
Read more:
Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?
https://t.me/guardiansofhongkong/22449b
China Supporters call to send #AppleDaily Founder #JimmyLai for trial in China
https://t.me/guardiansofhongkong/27372
#HongKongProtest #TongYingKit #NSL #PoliticalOppression #RuleOfLaw
Telegram
📡Guardians of Hong Kong
#EditorialColumn #Jun15
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
China's decision to insert the National Security Law" as a so-called "nationwide" law into Hong Kong's legal system has far reaching ramifications…
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
China's decision to insert the National Security Law" as a so-called "nationwide" law into Hong Kong's legal system has far reaching ramifications…
#BREAKING
Hong Kong #Court Sentences First #NationalSecurityLaw Convict #TongYingKit to 9 years in Jail
The first National Security Law case against 24-year-old Hongkonger Tong Ying-Kit resulted in a conviction on "inciting secession" and "terrorism", after a trial without jury.
He has been remanded for more than year since July 1, 2020, with no bail. It was one day after the National Security Law was forcefully imposed by Beijing on Hong Kong on June 30.
The court on July 30, 2021 sentenced him to 9 years in jail.
Source: Stand News #Jul30
======
Read more:
Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?
https://t.me/guardiansofhongkong/22449
First #NSL Case in Hong Kong: Prosecution Cites Chinese Law Books to Assist Judge's Sentencing
https://t.me/guardiansofhongkong/30651
Pleading for the First #NationalSecurityLaw Conviction -- Hongkonger Raises Sign in Silence: "If there is no jury, does #CommonLaw still exist?"
https://t.me/guardiansofhongkong/30649
Hong Kong #Court Sentences First #NationalSecurityLaw Convict #TongYingKit to 9 years in Jail
The first National Security Law case against 24-year-old Hongkonger Tong Ying-Kit resulted in a conviction on "inciting secession" and "terrorism", after a trial without jury.
He has been remanded for more than year since July 1, 2020, with no bail. It was one day after the National Security Law was forcefully imposed by Beijing on Hong Kong on June 30.
The court on July 30, 2021 sentenced him to 9 years in jail.
Source: Stand News #Jul30
======
Read more:
Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?
https://t.me/guardiansofhongkong/22449
First #NSL Case in Hong Kong: Prosecution Cites Chinese Law Books to Assist Judge's Sentencing
https://t.me/guardiansofhongkong/30651
Pleading for the First #NationalSecurityLaw Conviction -- Hongkonger Raises Sign in Silence: "If there is no jury, does #CommonLaw still exist?"
https://t.me/guardiansofhongkong/30649