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BREAKING: NATIONAL SECUIRTY LAW GAZETTED AT 11PM. https://twitter.com/hkcnews_com/status/1277981325379567617
BREAKING: Beijing will have power from arrest to trial, if Hong Kong face situation of (1) "grave practical threat" on national security, (2) complicated foreign or external intervention beyond HK jurisdiction, and (3) HK Govt cannot effectively enforce NSL. (section 55, 56)
Con't: Mainland criminal procedure will then kick in, effectively breaking the firewall between two jurisdictions. Mainland legal docs will be enforceable in HK (s57), and btw, Chinese national security agents are not under SAR jurisdiction, ie. don't have to follow HK law. (s60)
Bar chairman Philip Dykes SC, questioned the definition "grave threat" under NSL, which he told @hkcnews_com it "could be perceived to be used for political purposes".
He also raised concern over lack of judicial oversight in the process. Read our story: https://bit.ly/2CW365n
He also raised concern over lack of judicial oversight in the process. Read our story: https://bit.ly/2CW365n
Overview:
- all 4types carry max life imprisonment
- succession with/ WITHOUT FORCE could both be caught
- subversion goes beyond targetting sovereign but “attacking” govt premises
- similar position on local law that disruption to traffic or utility made you terrorists
- all 4types carry max life imprisonment
- succession with/ WITHOUT FORCE could both be caught
- subversion goes beyond targetting sovereign but “attacking” govt premises
- similar position on local law that disruption to traffic or utility made you terrorists
-Foreign interferences will mean dealing intelligence/aiding/financing/supporting to
1)use/threat of force vs PRC
2)seriously disrupting HK/PRC's policymaking with serious effect
3)manipulating elections in HK
4)sanction or rival action vs HK/PRC
5)inciting hatred vs China/HK
1)use/threat of force vs PRC
2)seriously disrupting HK/PRC's policymaking with serious effect
3)manipulating elections in HK
4)sanction or rival action vs HK/PRC
5)inciting hatred vs China/HK
According to section 35 of NSL, those convicted will be disqualified from running in public offices.
NSL is also extraterritorial, so long individual or entities "have the effect on HKSAR will be viewed as committing a crime in HK" (s36). Even those non-HK permanent residents targeting HK out of HK will also be covered. (s38).
The drafting of NSL is also self-contradictory.
Section 41 states local laws continue to apply in arrest procedures, among others, but section42 goes on to state judge cannot grant bail unless so convinced the accused will not violate national security law.
Section 41 states local laws continue to apply in arrest procedures, among others, but section42 goes on to state judge cannot grant bail unless so convinced the accused will not violate national security law.
Surprisingly, the designed judges appointed by the CE will only have 1 year term, which likely will allow CE to meddle and hence affect judicial independence.
CE "may" (not "shall") consult CJ before appointment. But really- why would she consult the NS commission she chaired?
CE "may" (not "shall") consult CJ before appointment. But really- why would she consult the NS commission she chaired?
There's no presumption to jury trial for serious cases. SJ could direct trial w/o jury "for protectinng juror or their family", or involving "foreign element" (wtever that means), and the case will then be heard by three judges.
Question of whether involve NS determined by CE.
Question of whether involve NS determined by CE.
