#PRC #Lianghui #CCP #OneCountryOneSystem
Law Professor: Beijing's Insertion of National Security Law in Hong Kong Means an End to "One Country Two Systems" and the Basic Law
The National Security Law will pose profound impact on Hong Kong’s human rights and constitutional system.
Professor Johannes Chan Man-Mun of the Law School of the University of Hong Kong criticized that Beijing's insertion of the anti-subversion law in Hong Kong's constitution will violate the spirit of "self-legislation" as promised. Chan said, "This series of incidents in the past week has shown Beijing's tightened grip, disappointing many people. It has become impossible to believe that one country, two systems still exists!"
Chan said that Article 23 of the Basic Law stated that Hong Kong will enact the national security law on its own. He stated that bypassing Hong Kong's legislature to implement the National Security Law is a violation of the Basic Law, and also further confirmed that there is no 'one country, two systems' at all.
"If the Article 23 can be imposed like this, what laws can't be enacted? It means that all PRC's laws can be applied (to Hong Kong). When self-legislation has been promised, this is not 'one country, two systems' at all."
"The Article 23 of the Basic Law must either be amended or abolished, otherwise the direct implementation is breaching the Basic Law."
Regarding this new version of the National Security Law, which is going to be implemented and enforced in Hong Kong, the definition of "subversion" is unclear and it is uncertain as to how it would meet the existing criminal law requirements of Hong Kong. Chan reiterated that the National Security Law will also put pressure on the judiciary of Hong Kong.
"Accepting whatever Beijing says puts the court in a very difficult position. If you insist on the common law, is it up to you to interpret the law? If the case involves national defense, will it be handed over to the military court of the People's Liberation Army and let the case be judged inside the High Speed Rail Terminal?", Chan challenged.
As the convener of many Anti-Extradition Bill protests, the Civil Human Rights Front has just sent urgent letters to many consulates in Hong Kong, expressing their opposition to any laws that interfere with the freedom of expression, religion, assembly, and political participation. They called on the international community to pay attention to this "critical moment in the freedoms of Hong Kong".
The Civil Human Rights Front also condemned Beijing's forceful implementation of the National Security Law in Hong Kong is a "revenge against Hongkongers", a "total erosion of the rule of law and basic human rights originally protected under the Civil and Political Rights and the Human Rights Law and a threat to "the status of Hong Kong as an international financial center."
Source: CNews #May21
Chinese-controlled Media: Beijing to Bypass Hong Kong's Legislature and Push National Security Law
https://t.me/guardiansofhongkong/21016
National Security Law for Hong Kong Tabled in Beijing's "Two Sessions"
https://t.me/guardiansofhongkong/21040
HKU Legal Expert Eric Cheung: Establishment of the National Security Law by the Central Government Annuls the 1 Country 2 Systems Model
https://t.me/guardiansofhongkong/21046
#Article23 #JohannesChan #OneCountryTwoSystems #BasicLaw #EvilLaw #NationalSecurity #StateTerrorism
Law Professor: Beijing's Insertion of National Security Law in Hong Kong Means an End to "One Country Two Systems" and the Basic Law
The National Security Law will pose profound impact on Hong Kong’s human rights and constitutional system.
Professor Johannes Chan Man-Mun of the Law School of the University of Hong Kong criticized that Beijing's insertion of the anti-subversion law in Hong Kong's constitution will violate the spirit of "self-legislation" as promised. Chan said, "This series of incidents in the past week has shown Beijing's tightened grip, disappointing many people. It has become impossible to believe that one country, two systems still exists!"
Chan said that Article 23 of the Basic Law stated that Hong Kong will enact the national security law on its own. He stated that bypassing Hong Kong's legislature to implement the National Security Law is a violation of the Basic Law, and also further confirmed that there is no 'one country, two systems' at all.
"If the Article 23 can be imposed like this, what laws can't be enacted? It means that all PRC's laws can be applied (to Hong Kong). When self-legislation has been promised, this is not 'one country, two systems' at all."
"The Article 23 of the Basic Law must either be amended or abolished, otherwise the direct implementation is breaching the Basic Law."
Regarding this new version of the National Security Law, which is going to be implemented and enforced in Hong Kong, the definition of "subversion" is unclear and it is uncertain as to how it would meet the existing criminal law requirements of Hong Kong. Chan reiterated that the National Security Law will also put pressure on the judiciary of Hong Kong.
"Accepting whatever Beijing says puts the court in a very difficult position. If you insist on the common law, is it up to you to interpret the law? If the case involves national defense, will it be handed over to the military court of the People's Liberation Army and let the case be judged inside the High Speed Rail Terminal?", Chan challenged.
As the convener of many Anti-Extradition Bill protests, the Civil Human Rights Front has just sent urgent letters to many consulates in Hong Kong, expressing their opposition to any laws that interfere with the freedom of expression, religion, assembly, and political participation. They called on the international community to pay attention to this "critical moment in the freedoms of Hong Kong".
The Civil Human Rights Front also condemned Beijing's forceful implementation of the National Security Law in Hong Kong is a "revenge against Hongkongers", a "total erosion of the rule of law and basic human rights originally protected under the Civil and Political Rights and the Human Rights Law and a threat to "the status of Hong Kong as an international financial center."
Source: CNews #May21
Chinese-controlled Media: Beijing to Bypass Hong Kong's Legislature and Push National Security Law
https://t.me/guardiansofhongkong/21016
National Security Law for Hong Kong Tabled in Beijing's "Two Sessions"
https://t.me/guardiansofhongkong/21040
HKU Legal Expert Eric Cheung: Establishment of the National Security Law by the Central Government Annuls the 1 Country 2 Systems Model
https://t.me/guardiansofhongkong/21046
#Article23 #JohannesChan #OneCountryTwoSystems #BasicLaw #EvilLaw #NationalSecurity #StateTerrorism
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傳北京立港版《國安法》 陳文敏：兩制或不存在 民陣緊急國際求援
據報全國人大將提出港版《國家安全法》，繞過立法會並直接在港實施。法律學者陳文敏批評，立法違反《基本法》23條「自行立法」的精神，並慨嘆：「越來越難令人相信一國兩制仍然可以存在！」
#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
#OneCountryOneSystem
Concerns over the broad coverage of the National Security Law,
Hong Kong Law Professor: The idea that "national security should overrules everything" will only result in tyranny
Read more:
#NationalSecurityLaw #CCP #EvilLaw #Authoritarianism #Tyranny #JohannesChan
Concerns over the broad coverage of the National Security Law,
Hong Kong Law Professor: The idea that "national security should overrules everything" will only result in tyranny
Read more:
#NationalSecurityLaw #CCP #EvilLaw #Authoritarianism #Tyranny #JohannesChan
#OneCountryTwoSystems
Concerns over the broad coverage of the National Security Law,
Hong Kong Law Professor: The idea that "national security should overrules everything" will only result in tyranny
A three-day meeting was held by the Standing Committee of the National People's Congress in Beijing last week, with details of the National Security Law draft being discussed during the meeting.
According to China state media Xinhua News Agency, the definition and the criminal responsibility of secession, subversion of state power, terrorist activities, collusion with foreign or abroad forces to endanger national security were discussed. Moreover, the wordings in one of the four criminal offences described by the Xinhua Agency has been changed from "foreign or abroad forces to intervene in affairs in HKSAR" to "collusion with foreign or abroad forces to endanger national security"; which some interpreted the amendment as a target to local individuals and organisations.
The Xinhua Agency also indicated that drafting the law itself is an important process that affirms the Committee's hope and need to pass the Law.
In an interview, Johannes Chan, Chair Professor of Law at the University of Hong Kong, said in the details of the draft announced, "collusion with foreign or abroad forces to endanger national security" includes inciting, conspiring, convincing, or even unilaterally planning of criminal activities. With the Chinese government vesting the power of interpretation, Chan worried that the definition of criminal offences can become arbitrary, and might vary from time to time. He also expressed concern that the promise of "one country two systems" and Hongkongers' protection under the Basic Law are no longer valid since the new Law overrides the Basic Law, and charged Hongkongers can be sent to the mainland for trials.
Chan also emphasized that protecting national security does not justify random accusations and sentencing or even executing without going through trials. The idea that "national security should overrules everything" is an misleading concept, and will only result in tyranny.
Source: Now News; Commercial Radio #Jun19
#NationalSecurityLaw #CCP #EvilLaw #Authoritarianism #Tyranny #JohannesChan
Concerns over the broad coverage of the National Security Law,
Hong Kong Law Professor: The idea that "national security should overrules everything" will only result in tyranny
A three-day meeting was held by the Standing Committee of the National People's Congress in Beijing last week, with details of the National Security Law draft being discussed during the meeting.
According to China state media Xinhua News Agency, the definition and the criminal responsibility of secession, subversion of state power, terrorist activities, collusion with foreign or abroad forces to endanger national security were discussed. Moreover, the wordings in one of the four criminal offences described by the Xinhua Agency has been changed from "foreign or abroad forces to intervene in affairs in HKSAR" to "collusion with foreign or abroad forces to endanger national security"; which some interpreted the amendment as a target to local individuals and organisations.
The Xinhua Agency also indicated that drafting the law itself is an important process that affirms the Committee's hope and need to pass the Law.
In an interview, Johannes Chan, Chair Professor of Law at the University of Hong Kong, said in the details of the draft announced, "collusion with foreign or abroad forces to endanger national security" includes inciting, conspiring, convincing, or even unilaterally planning of criminal activities. With the Chinese government vesting the power of interpretation, Chan worried that the definition of criminal offences can become arbitrary, and might vary from time to time. He also expressed concern that the promise of "one country two systems" and Hongkongers' protection under the Basic Law are no longer valid since the new Law overrides the Basic Law, and charged Hongkongers can be sent to the mainland for trials.
Chan also emphasized that protecting national security does not justify random accusations and sentencing or even executing without going through trials. The idea that "national security should overrules everything" is an misleading concept, and will only result in tyranny.
Source: Now News; Commercial Radio #Jun19
#NationalSecurityLaw #CCP #EvilLaw #Authoritarianism #Tyranny #JohannesChan
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全國人大今審議港區國安法 其中一類罪行用字有變
【Now新聞台】全國人大常委會會議一連三日在北京召開，新華社報道，會議會審議港區國安法，而法律草案對分裂國家等，四類犯罪行為的具體構成，和相應的刑事責任，作出了明確規定。
#Court #FailedState #SeparationofPowers
#HKU Chair Professor of Law Johannes Chan: Judicial Independence Will Be Completely Lost When Judges' Rulings are Required to be 'Patriotic' to China
The deputy director of the PRC's Hong Kong and Macau Affairs Office Zhang Xiao-ming said on Nov 17, 2020 that 'patriotism should come before democracy and freedom', he then called for judicial reform in Hong Kong.
Johannes Chan Man-mun, the Chair Professor of Law at the University of Hong Kong (HKU), expressed his concern in a Commercial Radio Hong Kong's program that the requirement of 'patriotism' would be imposed on the judicial officers.
Chan then added that 'patriotism' was only a political consideration which could not be measured by the objective standards; if judges in Hong Kong were required to follow the mainland Chinese standards, then when the judges' rulings were not in line with the government's wishes or did not incriminate those accused by the Nation Security Law, they would be considered 'unpatriotic', such situation would put judicial independence in jeopardy.
The prosecution has required the case of People Power's Tam Tak-chi, who faces 14 charges related to 'making seditious remarks and incitement to take part in an unauthorized assembly', to be handled by the designated national security judges.
Chan said that in general, since the principles of fair trial and judicial independence were involved, both sides of prosecution and defense did not have the right to appoint judges, otherwise, the trial would be considered unfair.
Source: Apple Daily #Nov18
https://hk.appledaily.com/local/20201118/JA333PHL45ECRD3KYSXE62X2KQ/
#JudicialIndependence #NationalSecurityLaw #Patriotism #JohannesChan #TamTakChi #ZhangXiaoMing
#HKU Chair Professor of Law Johannes Chan: Judicial Independence Will Be Completely Lost When Judges' Rulings are Required to be 'Patriotic' to China
The deputy director of the PRC's Hong Kong and Macau Affairs Office Zhang Xiao-ming said on Nov 17, 2020 that 'patriotism should come before democracy and freedom', he then called for judicial reform in Hong Kong.
Johannes Chan Man-mun, the Chair Professor of Law at the University of Hong Kong (HKU), expressed his concern in a Commercial Radio Hong Kong's program that the requirement of 'patriotism' would be imposed on the judicial officers.
Chan then added that 'patriotism' was only a political consideration which could not be measured by the objective standards; if judges in Hong Kong were required to follow the mainland Chinese standards, then when the judges' rulings were not in line with the government's wishes or did not incriminate those accused by the Nation Security Law, they would be considered 'unpatriotic', such situation would put judicial independence in jeopardy.
The prosecution has required the case of People Power's Tam Tak-chi, who faces 14 charges related to 'making seditious remarks and incitement to take part in an unauthorized assembly', to be handled by the designated national security judges.
Chan said that in general, since the principles of fair trial and judicial independence were involved, both sides of prosecution and defense did not have the right to appoint judges, otherwise, the trial would be considered unfair.
Source: Apple Daily #Nov18
https://hk.appledaily.com/local/20201118/JA333PHL45ECRD3KYSXE62X2KQ/
#JudicialIndependence #NationalSecurityLaw #Patriotism #JohannesChan #TamTakChi #ZhangXiaoMing
#GreatFireWall #WhiteTerror
HK Security Secretary Connects Sympathy to Participation; LIHKG to be probed
In a meeting in Hong Kong's Legislative Council that is dominated by pro-Beijing lawmakers on July 6, 2021, Secretary for Security #ChrisTang referred the 2019 pro-democracy movement to "color revolution" that aimed at subverting the regime. The former police commissioner also urged citizens to condemn and report.
Tang said, "We will make not only the terrorists, but also the supporters and those who attempt to tone it down, live like rats."
On July 1, 2021, a 50-year-old Hong Kong man called #LeungKinFai died after knifing a police officer and stabbing himself reportedly on the chest. In following days, many Hongkongers mourned the man and brought flowers to the site.
The authorities claimed that mourning as well as posting comments about the man's death could breach the #NationalSecurityLaw.
Law professor #JohannesChan at the University of Hong Kong (#HKU) disagreed and pointed out that mourning the deceased out of sympathy is not a criminal act. Chan criticized that the "red line" drawn by the government is "way too unreasonable".
Secretary for Security Chris Tang, however, insisted that sympathy is a form of support and support is a form of participation.
Tang said, "depending on individual cases, we will see whether we have evidence to make arrests and take our prosecutions."
With reference to Prof Chan, Tang said, "I hope this legal scholar can sleep at night. because you might have painted Hong Kong in blood."
In addition, Tang said that the next target is the Internet Forum #LIHKG because it is "filled with illegal information". Tang claimed that authorities will make arrests and force the websites and the users to remove their messages.
Source: Stand News; RTHK #Jul6
https://thestandnews.page.link/WGcVhQPd8JEWUhrK6
#StateTerrorism #Article23 #Censorship #HongKongProtests #Mourning #Death #Martyr
HK Security Secretary Connects Sympathy to Participation; LIHKG to be probed
In a meeting in Hong Kong's Legislative Council that is dominated by pro-Beijing lawmakers on July 6, 2021, Secretary for Security #ChrisTang referred the 2019 pro-democracy movement to "color revolution" that aimed at subverting the regime. The former police commissioner also urged citizens to condemn and report.
Tang said, "We will make not only the terrorists, but also the supporters and those who attempt to tone it down, live like rats."
On July 1, 2021, a 50-year-old Hong Kong man called #LeungKinFai died after knifing a police officer and stabbing himself reportedly on the chest. In following days, many Hongkongers mourned the man and brought flowers to the site.
The authorities claimed that mourning as well as posting comments about the man's death could breach the #NationalSecurityLaw.
Law professor #JohannesChan at the University of Hong Kong (#HKU) disagreed and pointed out that mourning the deceased out of sympathy is not a criminal act. Chan criticized that the "red line" drawn by the government is "way too unreasonable".
Secretary for Security Chris Tang, however, insisted that sympathy is a form of support and support is a form of participation.
Tang said, "depending on individual cases, we will see whether we have evidence to make arrests and take our prosecutions."
With reference to Prof Chan, Tang said, "I hope this legal scholar can sleep at night. because you might have painted Hong Kong in blood."
In addition, Tang said that the next target is the Internet Forum #LIHKG because it is "filled with illegal information". Tang claimed that authorities will make arrests and force the websites and the users to remove their messages.
Source: Stand News; RTHK #Jul6
https://thestandnews.page.link/WGcVhQPd8JEWUhrK6
#StateTerrorism #Article23 #Censorship #HongKongProtests #Mourning #Death #Martyr
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