#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
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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
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#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…