Tag: Hong Kong

By GT staff reporters
After the draft law to safeguard national security in the Hong Kong Special Administrative Region (HKSAR) was reviewed by China’s top legislature and some details were released on Saturday, Western countries, media, Hong Kong opposition politicians and some legal professionals said they fear the law would harm the city’s judicial independence. But senior Hong Kong legal experts said the draft law is in accordance with the Basic Law.
The draft law, which was reviewed at the meeting of the 19th Session of the 13th National People’s Congress (NPC) Standing Committee which ended on Saturday, states that the commissioner’s office for national security affairs in Hong Kong and relevant national authorities would exercise jurisdiction over a very small number of crimes concerning national security under special circumstances.
The chief executive of the HKSAR government shall appoint judges to handle crimes that endanger national security, the draft law says.
The West and Hong Kong oppositionists are using these details to accuse China’s central government of “undermining the judicial independence of the city” and the “one country, two systems” principle.
Ronny Tong Ka-wah, a senior barrister in the HKSAR and former chairman of the Hong Kong Bar Association, told the Global Times that the newly unveiled draft of the national security law for Hong Kong makes him “reassured,” and that it was “strange” that the Hong Kong Bar Association said judges appointed by the chief executive to deal with crimes against national security were “ruled by man” because the appointments are based on the Basic Law.
Tong said he would have concerns if the national security law could damage Hong Kong’s judicial independence. But after seeing the main content of the draft law, he felt at ease “especially the relevant provisions for the international covenant on civil and political rights, and international covenant on economic, social and cultural rights mentioned in the draft.”
Elsie Leung Oi-sie, the deputy director of the Hong Kong Basic Law Committee of the NPC Standing Committee and a former Secretary of Justice, told the Global Times that in Western countries, the central governments also get involved once a case involves separatism and national sovereignty. “Spain’s jurisdiction over its autonomous region of Catalonia is a good example. The secessionist leaders from Catalonia were tried in the country’s Supreme Court in Madrid.”
When it comes to cases involving “Tibet separatism” and “Xinjiang separatism,” central authorities need to step in and handle these situations. Hong Kong law enforcement agencies have no experience in dealing with these types of cases, the former official said.
“Of course, the meaning of ‘specific circumstances’ and ‘very few cases’ depends on the detailed provisions in the law,” she said.
Tong dismissed an accusation by Anita Yip Hau-ki, the vice chairman of the Bar Association, who said these appointments would mean “the rule of man.” Tong said Yip’s claim is “strange,” as the Basic Law states that judges in the HKSAR are appointed by the chief executive on the recommendation of an independent commission composed of local judges and eminent persons from the legal profession and other sectors.
“Hong Kong’s general law and some administrative regulations also give the chief executive the authority to appoint judges for special cases, such as major public investigations,” said Tong, noting that “whoever is appointed by the chief executive will hear cases independently. It’s not the chief executive hearing the cases, so I don’t see anything that undermines the independence of the judiciary in Hong Kong.”
“I don’t want to be too critical of them [some people of the Bar Association] because I was once the chairman of the association. I just hope professional organizations could speak out professionally,” Tong said.
Senior legal figures should understand Hong Kong’s legal system, Tong said, while noting that “given that they understand it, I wonder why they still made such comments. That made me feel very strange.”
Source:Global Times

By Zhong Sheng
A decision on establishing and improving the legal system and enforcement mechanisms for the
Hong Kong Special Administrative Region (HKSAR) to safeguard national security was recently
approved by deputies to the 13th National People’s Congress (NPC).
However, the U.S., attempting to obstruct the decision, even threatened to impose sanctions on
Hong Kong. It is blatant intervention in Hong Kong affairs and the internal affairs of China, as
well as insolent violation of the international law and the basic norms governing international
relations, fully exposing the double standards and bullying practices of Washington. We sternly
warn the U.S. that sanctions against the HKSAR are doomed to fail, and it will only meet a dead
end playing Hong Kong cards.
Hong Kong belongs to China, as well as the 1.4 billion Chinese people, including 7.5 million
compatriots in the SAR. The high degree of autonomy in the region has never been defined by the
U.S. Washington’s accusation on the national security legislation for impeding the high degree of
autonomy and freedom of the SAR is total defamation that distorts the principle of "one country,
two systems."
It’s recognized by everyone non-biased that the practice of “one country, two systems” has
achieved universally acknowledged success since Hong Kong returned to China, and the
compatriots in Hong Kong have enjoyed wider democracy and freedom than ever before.
The national security legislation is a right and responsibility of the central government of China,
and the national security law only targets the minor practices and activities that seriously damage
national security. The law doesn’t affect the high degree of autonomy of Hong Kong, the
legitimate rights and interests, as well as the freedom of Hong Kong residents, or the legitimate
rights and interests of foreign investors in the SAR. It will only complete the legal system of Hong
Kong and bring more stability to the region’s social order, and help protect the principle of “one
country, two systems” and maintain the long-term prosperity and stability of Hong Kong.
National security is fundamental for a sovereign country, and national security legislation is a
sacred and inviolable sovereign right of a country. While the U.S. is doing everything around the
world to protect its so-called national security, it is demonizing China for the latter’s legitimate
and reasonable practices in national security legislation and even threatened to impose sanctions.
Such double standards and bullying practices are just arbitrary, rude and shameless.
The U.S. said blatantly that it has taken Hong Kong as a bastion of liberty for decades, and hoped
that free and prosperous Hong Kong would “provide a model” for China. Such “confession”
exactly revealed the White House’s vicious intention to use the SAR as a bridgehead to split,
subvert, infiltrate and undermine the Chinese mainland. It also proved that it is urgent for the NPC
to make relevant laws and plug its national security loopholes.
It is self-evident why the U.S. has been making ceaseless and groundless accusation on China.
Threats and intimidation will never shake China’s resolution and will to safeguard national
security, or stop Hong Kong citizens from supporting the national security legislation. So far, over
two million residents in Hong Kong have signed petition in support of the legislation.
Rita Fan Hsu Lai-tai, former president of the Legislative Council of Hong Kong, noted that the
NPC’s decision to make national security law for Hong Kong has no impact on the region’s high
degree of autonomy. On the contrary, if the violent and almost terrorist activities keep going on,

there would be no future for Hong Kong, she said, adding that the special status of the region
would be meaningless then.
Since Hong Kong returned to its motherland, it has established reciprocal cooperation with
multiple trading partners, including the U.S., which has 1,344 companies and around 85,000
Americans live in Hong Kong.
In the past decade, the U.S. enjoyed a trade surplus of $297 billion with Hong Kong, the biggest
among all of Washington’s trading partners. The U.S. will be the first to fall if it imposes sanctions
on Hong Kong. If the country is not clear about this, the so-called sanctions would be another
farce. The attempts of Washington to contain China’s development progress at the sacrifice of
Hong Kong are doomed to end up in vain. The U.S. had better estimate the current situation and
stop its wrongdoings as early as possible.
Justice will ultimately prevail over the evil. The Chinese government is determined in
implementing the “one country, two systems” policy, safeguarding national sovereignty, security
and development interests, and opposing external interference in Hong Kong affairs. The central
government of China, as well as the government of the HKSAR are well prepared to take forceful
countermeasures. Some countries, including the U.S. and the UK, tried to push the UN Security
Council to discuss Hong Kong’s national security legislation, which was strongly opposed by
China. It was also rejected by most of the members of the UN Security Council as they believe
Hong Kong affairs are China’s domestic affairs and have nothing to do with the UN Security
Council.
The unique position of Hong Kong in international economic and trade relations is granted by the
Basic Law, rather than foreign countries, and the prosperity and stability of the region are created
by Hong Kong compatriots under the strong support of the Chinese mainland, not given by foreign
countries, either.
The development and progress of China are the source of Hong Kong’s confidence in conquering
challenges and difficulties, as well as the huge opportunities for the region’s prosperity and
development. U.S. sanctions are not able to frighten Hong Kong or undermine China. Any
individual and any so-called sanction will not stop Hong Kong from integrating into national
development or prevent China from realizing the great rejuvenation of the Chinese nation.