Connect with us

Top News

China revealed some details of Hong Kong’s national security law and may be as bad as critics fear



Hong Kong Chief Executive: No need to worry about national security law (May 2020)

On Saturday, the Chinese National People’s Congress (NPC), which is expected to pass legislation in the coming weeks, gave Hong Kong a first glimpse of what was inside. Critics might be right to worry: as drafted, the law appears to overturn the city’s valuable independent legal system, allowing Beijing to override local laws while increasing its ability to suppress political opposition.

Most controversially, the law gives Beijing the authority to exercise jurisdiction over certain criminal cases, raising the prospect that for the first time in Hong Kong’s history, suspects can be extradited across the border to face trial, and potentially jail time, on the mainland.

It was only fear that prompted protests against the extradition bill last year proposed by the Hong Kong government. The protests eventually forced the abandonment of the law, but triggered wider anti-government riots which, said Beijing, require the imposition of new national security regulations.

Antony Dapiran, a lawyer and political analyst based in Hong Kong, described the new law as “a broad-based power struggle by Beijing” over many key elements of government and society.

Writing on Twitter, he said the new law “effectively formed a parallel justice (and) took the interpretation and power of the final decision away from the Hong Kong court.”

In a statement, the city’s chief executive, Carrie Lam, said the law would ensure “Hong Kong’s long-term prosperity and stability,” stressing that it would “only target a very small minority of people” and said the proposed bill was “in line with the rule of law “and” the rights and freedoms applicable in Hong Kong under the relevant Basic Laws and international treaties. “

New system

When Hong Kong was handed over from Britain to Chinese government in 1997, the city’s general legal system remained intact. The precedent remains in force, and protection under the new de facto constitution, Basic Law, as well as various international treaties, guarantees a level of justice and freedom not seen in China, where the penalty rate in the north is 90%.

While the NPC did get the ability to “interpret” the Basic Law, basically rewriting it in certain cases, the central government did not have jurisdiction over individual cases, nor could people be tried for crimes against non-illegal Beijing in Hong Kong.

The new national security law will change all that. According to the details published last weekend, China’s security organs will have the power to “exercise jurisdiction” over national security cases “under certain circumstances,” while other prosecutions based on the law will be heard by a panel of judges chosen by the city of Beijing- the leader designated.

See also  Milton Glaser, the designer of the 'I ♥ NY' logo, died at the age of 91 years

It was not explicitly stated whether the suspect could face extradition to mainland China under such circumstances.

Although the draft does refer to the enforcement of “rule of law” and various civil liberties, the bill also subordinates existing laws into the national security bill, so that where there is conflict, national security laws apply. In practice, this could mean that when national security prosecutions conflict with human rights protected by Hong Kong law, those rights are suspended.

Writing after Saturday’s announcement, Jerome Cohen, a Chinese legal expert, dissolved “eye candy” about human rights, shows that “the very provisions in the draft (law) seem to violate that protection.”

“The surrender has clearly become a takeover,” Cohen added.

Kevin Yam, a lawyer based in Hong Kong and former chairman of the Progressive Lawyers Group, the word the proposed law does not deserve to be interpreted legally, adding “nothing can be analyzed.”

“Just whatever they say,” he added. “And if they can’t make anything they say is when they want something, they will only change it in whatever way they like.”

Judicial maneuver

Although there was no suggestion for a proper public consultation or referendum on the bill, several provisions revealed on Saturday appeared to be directed dispel Hong Kong people’s fears about it, or at least reduce its sales to the public.

The provision comes amid massive propaganda efforts to sell bills, with posters and advertisements promoting it plastering Hong Kong, as well as a real push by Beijing for Chinese companies to re-register on the city’s stock exchange, boosting the local economy.

In particular, the formation of a panel, nominated by Chief Executive Carrie Lam, to hear national security cases, may have been of assistance to those who expressed concern over reports that the bill would prevent foreign-born judges from hearing it. As part of a broader general legal system, which also includes the United Kingdom, Canada, Australia and a number of other jurisdictions, Hong Kong periodically designates Honorable “non-permanent” judge to the Final Court of Appeals.

These judges are appointed by the chief executive, but their presence in certain cases has become controversial in China, leading to calls for their dismissal, or banning them from certain sensitive cases. By giving Lam the power to nominate judges to hear national security cases, the government basically avoids this problem, allowing it to choose the judges who are considered the most loyal.

Hong Kong Bar Association has been hell the plan was “extraordinary” and was a major blow to the independence of the judiciary, indicating that Lam would appoint a panel to oversee cases in which he himself was an interested party.
Speak to local media, Chair of the Lawyers Association Philip Dykes said the law was “a recipe for conflicts of interest,” and would allow Lam to “cherry pick” in which the judge listens to the most controversial cases.
Alvin Yeung, an opposition MP and lawyer, the word the proposal was “a clear departure from the tradition of common law.”

Political prosecution

Expanding the power of Chinese courts and security services to Hong Kong also brings growing concern.

See also  Mitt Romney is now the only GOP voice willing to stand up for Trump

Allowing Chinese security forces to operate in cities raises the specter of unlawful persecution. Dissidents and activists in China are often eliminated by the authorities or threatened with arrest around sensitive events, and many journalists and lawyers are dragged to “drink tea” with the security services, where they receive a thin veiled threat about the possible consequences of their work .

Assigning Chinese court jurisdiction “under certain circumstances,” meanwhile, is likely to guarantee sentences in such cases. The Chinese legal system has been widely criticized for its lack of protection of human rights, bare political prosecution, and a nearly universal level of punishment. The country’s national security law itself has been widely interpreted in the past to imprison activists, intellectuals and journalists.

Two Canadians who were prosecuted last week for spying are good examples of this. Michael Kovrig and Michael Spavor were arrested in late 2018 shortly after the arrest of Canadian executive Meng Wanzhou. While China believes there is “strong” evidence against the two men, Canada views the case as “arbitrary” and politically motivated.
Kovrig and Spavor are also examples of how national security laws in China differ from those in democratic countries. Canada, for example, has opposing law espionage and spies, and people have been prosecuted under them.
The difference is that the law and the appropriate prosecution must comply Canada’s Charter of Rights and Freedoms, The bill on state rights, and can be destroyed if they are found by an unconstitutional court.
This did not happen in China, and probably will not happen soon in Hong Kong, if the proposal for the law is continued. While China does mention certain rights in it constitution, this is lower than the law, not ruled out. Freedom of expression, religion and press exist in principle, but “may not violate the interests of the State.”

Likewise, Hong Kong guarantees rights under Basic Law and by being a signatory to international conventions, but national security law as it is designed will override this protection.

Those who seek to assert their constitutionally protected rights in China are often prosecuted on national security grounds, such as Nobel Peace Prize winner Liu Xiaobo, who died in 2017 after years in prison on charges of “inciting subversion of state power.” Liu’s most famous work, Charter 08, in which he is a joint writer, partly calls for judges to “uphold the authority of the Constitution.”

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Top News

Niteroi signs a cooperation agreement with the Portuguese village of Forgins – Niteroi City Hall



Niteroi signs a cooperation agreement with the Portuguese village of Forgins – Niteroi City Hall

The city of Niteroi signed this Thursday (30th) the terms of cooperation with Vila de Forjães, located in the city of Esposende, in the district of Braga, in Portugal. The Portuguese village mapped a significant number of foreigners who had emigrated to Niteroi and turned to the municipality to strengthen relations between the localities. The signing, held at a virtual meeting, is part of the program dedicated to the 33rd anniversary of the erection in the village of Forhains.

According to the cooperation agreement, Niteroi and Forjães will carry out exchanges and cooperation in various ways in the fields of science and technology, economics and trade, sports, agriculture, health, education, culture and tourism, thus promoting prosperity and development. .

Niteroi Mayor Axel Grael recalled that last month, Niteroi and Braga ratified a sister city agreement, signed in fact in February this year, to create commercial partnerships and exchange information to stimulate and develop new business. The partnership also prompted Foryaes to approach the city of Niteroi with an offer to sign.

“We have taken this initiative very positively, and we will cooperate, no matter what the cost. In Niteroi we have one of the largest communities of foreigners and a very active and representative Portuguese club. I believe that Brazil and Portugal need to cooperate more and more to share experiences. This approach has a great synergistic effect and will certainly bring positive results,” he stressed.

The project management office of the Niteroi City Hall (EGP), together with the chairman of the parish meeting, will be responsible for coordinating the cooperation. Project Management Office Secretary Katherine Azevedo stressed that the activities will be developed between the municipality and the village.

See also  Olympic disaster in Portugal - DNOTICIAS.PT

“We are promoting Niteroi’s internationalization strategy to stimulate development in various areas of the city through activities that benefit both parties and bring people together. There is a natural synergy between peoples, mainly due to the language that facilitates this exchange. During the conversations with the Forjães team, several activities were conceived, which will be detailed in the work plan,” he said.

Forhaes Parish Assembly President Carlos Manuel Gómez de Sa said that the Forhaes Parish Council is partnering with communities where people from Forhaes live. More than 10,000 Brazilians currently live in Braga, he said, and it is one of the fastest growing cities in recent years.

“Right now we are developing the Forjanenses around the World project which, of their own accord, aims to track Forjanenses expats, the community that we have in Niteroi is very important. We had many foreigners who emigrated there, highlighting the figure of Antonio Rodriguez Alves de Faria, the founder of the Companhia de Comércio e Navegação in 1909,” he specified.

Photos: Luciana Carneiro

Continue Reading

Top News

Celorico de Basto passed the annual internship of the Portuguese core of karate ⋆ RADIO ALTO AVE



Celorico de Basto passed the annual internship of the Portuguese core of karate ⋆ RADIO ALTO AVE

On the weekend of 25 and 26 June, the Celorico de Basto gym was the center of the NPK internship, which, as usual, chose this municipality of Minho for its spring internship.

The internship was conducted by Master José Carvalho from Ceara, coach and national karate selector with an outstanding track record of 9 medals, the last of which was recently won in the Czech Republic at the European Karate Championships, where Joao Vieira won. gold.

It is a great honor for Celorico de Basto to have an annual internship under such an outstanding person from Celorico, as the mayor of Celorico de Basto, José Peixoto Lima, remarked: “Jose Carvalho is another outstanding person from Celorico who establishes himself at the national and international level”, and who was present in Celorico de Basto with an NPK internship, with more than 150 athletes and their families, a “karate party”.

This annual NPK karate internship has taken place in recent years in the municipality of Celorico de Basto and according to André Vieira, karate coach, this diligent visit to this municipality is due to “excellent receptivity, for being the land of master José Carvalho and for being so good hereI am.” André Vieira expressed great pride in Sensei José Carvalho:It’s important to talk about this man, he has a wonderful track record at the highest level, 9 medals, not forgetting the countless times we were in second place. He is the oldest member of the NPK, we are very proud of him and Joao Vieira, who brought gold in the last competition they participated in.“.

See also  Unicórnio Fintech wants to make the Portuguese office a European example of team diversity - Executive Digest

Athletes who compete in high performance will start next Wednesday in Croatia to compete in the World Youth Karate League, the competition will only end in December.

Continue Reading

Top News

Wabi2b enters the Portuguese market



Wabi2b enters the Portuguese market

It is the first marketplace that allows distributors and Cash & Carries to sell directly to traditional retailers in Portugal. With a presence in 30 cities around the world, it is the turn of the European market, and above all the Portuguese market, to welcome Wabi2b, a digital ecosystem that wants to digitize and modernize brick-and-mortar by connecting its channels.

With the mission of supporting local and traditional commerce, transforming their business processes and bringing them into line with the standards of the digital world, the Wabi2b online store allows retailers to have access to multiple suppliers in one store, view the entire range of products they offer. , compare prices, place all your orders at once, and enjoy platform-exclusive promotions and discounts. In other words, through innovation, Wabi2b intends to provide better and more informed decision making to expand its business.

From the supplier’s point of view, Wabi2b gives its partners full control over the work, namely in the choice of their geography of sales, in the cost and minimum cost of delivery, in the portfolio of products they represent, in prices and in deliveries. and payment receipts. In addition, this platform allows the Wabi2b commercial team to attract new customers and cover a large area.

This is a new digital sales channel with no technology investment, where the supplier receives automated performance reports with key market insights, allowing you to increase your sales team’s efficiency through better route planning and giving your teams more time to add value to them. bring in per visit, being able to direct regular sales to the platform.

See also  El Paso taking pictures: Hugs aided victims cope. A signal of affection now could set their life at chance

In addition, it also allows you to highlight new product launches, run promotions, and improve customer communications through marketing activities such as personalized banners and targeted push notifications.

Per Hugo Duarte, Head of da Wabi2b Portugal “The Wabi2b ecosystem is set to revolutionize traditional trading and business management practices. With this platform, consumer goods companies, suppliers and point of sale will connect for the first time in a single digital environment whose transactions will be carried out, which will reduce costs, waste, increase transparency, facilitate inventory control and better understand the business. performance. Barriers previously held back by the diversity of agents in the supply chain can now be easily overcome with a single click. The operation in Portugal was very unexpected, so our expansion plans for 2022 are ambitious.”

In this first phase, the platform has registered over 1,700 stores in Lisbon, and in June it also launched in Porto.

Continue Reading