The Interpretation has clarified both the meaning and application of the two articles. How has the NPCSC interpreted those provisions? It empowers the Chief Executive to certify, in the context of a court case, “whether an act involves national security or whether relevant evidence involves State secrets.” The courts must obtain such a certificate from the Chief Executive whenever such a question arises in a case, and must be bound by the certificate.Ģ. This article also provides that the Committee’s work is not subject to interference by any other public or private entity, and that its decisions are not subject to judicial review.Īrticle 47 lays down the so-called “Chief Executive certification” process. Under this article, the Committee performs mostly planning, policymaking, and coordinating functions. It is chaired by the Chief Executive and accountable to the central government. The Interpretation concerns articles 14 and 47 of the HKNSL.Īrticle 14 provides for the duties of Hong Kong’s Committee for Safeguarding National Security ( Committee), a new governmental body established by the HKNSL. The ball is now back in the latter’s court.īelow, we explain Friday’s Interpretation and offer some preliminary thoughts on its implications in Q&A format.ġ. The Interpretation instead clarifies that the HKNSL has already given the Hong Kong government adequate tools to resolve the issue. It did not directly ban foreign lawyers from participating in national security cases in fact, it altogether punted on the question presented. John Lee, Hong Kong’s leader, requested the NPCSC to answer this open-ended question: “Based on the legislative intent and objectives of the, can an overseas solicitor or barrister who is not qualified to practise generally in Hong Kong participate by any means in the handling of work in cases concerning offence endangering national security?” His request, notably, did not identify any specific HKNSL provision that needs clarification.Ĭontrary to what many had expected, the NPCSC exercised restraint in responding to Lee’s request. After having failed to have the trial court’s decision reversed on appeal, the Hong Kong government turned to the NPCSC, which has the ultimate authority to interpret the HKNSL. Owen is not admitted to the Hong Kong bar, but the trial court allowed him to represent Lai on an ad hoc basis. He decided to retain Timothy Owen, a renowned British barrister, for his defense. In sum: Jimmy Lai, the Hong Kong pro-democracy activist, is facing criminal charges under Hong Kong’s local sedition law and the HKNSL. We have recently explained the events leading up to the Interpretation in detail here. On December 30, China’s national legislature, the Standing Committee of the National People’s Congress (NPCSC), issued its inaugural interpretation ( Interpretation) of the Law on Safeguarding National Security in the Hong Kong SAR ( HKNSL). 2021 Plan on Building the Rule of Law in China 2021 Central Conference on Work Related to the People’s Congresses 2022 NPCSC Rules of Procedure Amendments.Explainer: NPCSC Legislative Affairs Commission.I should have said: ‘It is a sin, as is any sexual act outside of marriage.’ This is to speak of ‘the matter’ of sin, but we know well that Catholic morality not only takes into consideration the matter, but also evaluates freedom and intention and this, for every kind of sin,” he said. “As you can see, I was repeating something in general. But he said he was using “natural and conversational language” in the interview that didn’t call for precise definitions. He acknowledged he could have been clearer in his comments to the AP. ![]() “When I said it is a sin, I was simply referring to Catholic moral teaching, which says that every sexual act outside of marriage is a sin,” Francis wrote in Spanish, underlining the final phrase.īut in a nod to his case-by-case approach to pastoral ministry, Francis noted that even that teaching is subject to consideration of the circumstances, “which may decrease or eliminate fault.” In his note, Francis reaffirmed that homosexuality “is not a crime,” and said he spoke out “in order to stress that criminalization is neither good nor just.”
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