'Security Law Won't Be Exactly Like Common Law'

"); jQuery("#212 h3").html("

Related News Programmes

"); jQuery(document).ready(function() { jwplayer.key='EKOtdBrvhiKxeOU807UIF56TaHWapYjKnFiG7ipl3gw='; var playerInstance = jwplayer("jquery_jwplayer_1"); playerInstance.setup({ file: "https://newsstatic.rthk.hk/audios/mfile_1532011_1_20200614183939.mp3", skin: { url: location.href.split('/', 4).join('/') + '/jwplayer/skin/rthk/five.css', name: 'five' }, hlshtml: true, width: "100%", height: 30, wmode: 'transparent', primary: navigator.userAgent.indexOf("Trident")>-1 ? "flash" : "html5", events: { onPlay: function(event) { dcsMultiTrack('DCS.dcsuri', 'https://news.rthk.hk/rthk/en/component/k2/1532011-20200614.mp3', 'WT.ti', ' Audio at newsfeed', 'WT.cg_n', '#rthknews', 'WT.cg_s', 'Multimedia','WT.es','https://news.rthk.hk/rthk/en/component/k2/1532011-20200614.htm', 'DCS.dcsqry', '' ); } } }); }); });

2020-06-14 HKT 17:16

Share this story

facebook

  • Teresa Cheng says the national security law won't be totally in line with Hong Kong's common law system. File photo: RTHK

    Teresa Cheng says the national security law won't be totally in line with Hong Kong's common law system. File photo: RTHK

Secretary for Justice Teresa Cheng says it is impractical for people to expect the upcoming national security law to be completely in line with Hong Kong’s common law system, despite assurance from an Exco member suggesting otherwise.

“It is impractical and unreasonable to expect that everything in a national law, the National Security Law, will be exactly as what a statute in the HKSAR common law jurisdiction would be like,” Cheng wrote in her blog on Sunday.

“Yet of course, the legislation should be clear and understood in the HKSAR,” she said.

Her comments came as an Executive Council member and senior counsel, Ronny Tong, gave this assurance: "However the new law is written, when it becomes law in Hong Kong, the whole weight of the common law system will be there to ensure justice is done and seen to be done.”

Cheng also said there are a number of things in common between the common law system in Hong Kong and the civil law system on the mainland, including “retrospectivity, presumption of innocence, burden of proof and standard of proof”.

The justice minister also said there’s no need for a so-called sunset clause which sets a fixed period after which the law will become expired. She said even if the SAR eventually completes its own national security legislation in accordance with Article 23 of the Basic Law, it only deals with the matter “from the perspective of the SAR” instead of “the complete ambit of national security” that affects the entire population of China.

The Bar Association said in a statement last Friday that "the national security law is a law specifically made for the HKSAR. It needs to be construed and applied in accordance with the common law principles".

RECENT NEWS

Treasury Secretary Grilled On Economic Figures And Foreign Policy. He Refrained From Directly Calling Ukraine An Ally.

Treasury Secretary Scott Bessent emphasized that prices would come down as soon as the Iran war ended, hailed Trump's ec... Read more

More Than Seven In Ten Americans Think The U.S. Is On The 'Wrong Track' Ahead Of The Midterms: Poll

The new poll also showed that Trump's approval rating had sunk to 34%, with more than half of respondents saying they "s... Read more

World Bank Encourages Developing Nations To Embrace 'Small' AI To Accelerate Economic Growth

Paschal Donohoe, the managing director and chief knowledge officer at the World Bank, said that so-called "small AI" cou... Read more

Ukraine Launches Large-Scale Drone Attack On Russia, Defies Trump's Demands To Leave Russian Energy Alone

Swarms of Ukrainian drones hit numerous targets in Russia, including an oil terminal, overnight despite Trump's repeated... Read more

Protests In France Are Becoming Increasingly Violent. Demonstrations Have Now Spread To Other European Countries.

The protests, which began as localized demonstrations against perceived neglect in the French education system, intensif... Read more

Trump Maintains Defiant Message In Kentucky Midterm Rally, Makes Dubious Claims About Republican Popularity

The president held a rally on Saturday in which he touted the supposed successes of his two terms in office, attacked hi... Read more