Re Foreign Lawyers Issue
Interpretation (Google Translation)
Interpretation of Articles 14 and 47 of the Standing Committee of the National People’s Congress on ? Hong Kong Special Administrative Region of the People’s Republic of China for the Maintenance of National Security Act ?
? Adopted at the 38th meeting of the Standing Committee of the Thirteenth National People’s Congress on December 30, 2022
??The 38th meeting of the Standing Committee of the Thirteenth National People’s Congress considered the bill of the State Council ? to propose the interpretation of the relevant provisions of the National Security Law ? of the Hong Kong Special Administrative Region of the People’s Republic of China. The State Council’s bill was submitted in response to the relevant report submitted by the Chief Executive of the Hong Kong Special Administrative Region to the Central People’s Government. According to the provisions of Article 67(4) of Article 67 of the Constitution of the People’s Republic of China ? and Article 65 of the Law on the Maintenance of National Security of the Hong Kong Special Administrative Region of the People’s Republic of China ?, the Standing Committee of the National People’s Congress Explain the meaning and application of the provisions of Articles 14 and 47 of the Hong Kong Special Administrative Region Law of the People’s Republic of the People’s Republic of the People’s Republic of China?
??1. According to the provisions of Article 14 of the ? Hong Kong Special Administrative Region of the People’s Republic of China for the Maintenance of National Security Act ?, the Hong Kong Special Administrative Region’s National Security Council shall assume the legal responsibility of the Hong Kong Special Administrative Region for maintaining national security and have the right to Whether to make judgments and decisions on national security issues, work information will not be made public. The decision of the Hong Kong Special Administrative Region Committee for the Maintenance of National Security is not subject to judicial review and has enforceable legal effect. No administrative, legislative, judicial or other organization or individual in the Hong Kong Special Administrative Region shall interfere in the work of the Hong Kong Special Administrative Region’s National Security Council, and shall respect and implement the decisions of the Hong Kong Special Administrative Region’s National Security Council.
??2. According to Article 47 of the ? Hong Kong Special Administrative Region of the People’s Republic of China for the Maintenance of National Security Act ?, the courts of the Hong Kong Special Administrative Region have encountered whether the relevant acts involve national security or Whether the relevant evidence materials involve the determination of state secrets?The Chief Executive shall submit and obtain a certificate issued by the Chief Executive on these issues, which shall be binding on the court.
??3. The Chief Executive of the Hong Kong Special Administrative Region submitted a report to the Central People’s Government on November 28 in accordance with the provisions of Article 11 of the National Security Law ? of the Hong Kong Special Administrative Region of the People’s Republic of China. Overseas lawyers with full qualifications in the administrative region act as defenders or litigation agents in crimes against national security, which may cause national security risks. The question of whether an overseas lawyer who does not have full qualifications for practicing in the Hong Kong Special Administrative Region can act as a defender or litigation agent for crimes against national security belongs to ? Hong Kong Special Administrative Region of the People’s Republic of China Law on the Maintenance of National Security ? Article 47 The required issues shall be certified by the Chief Executive. If the Hong Kong Special Administrative Region Court does not submit to the Chief Executive and obtain a certificate issued by the Chief Executive on these issues, the Hong Kong Special Administrative Region National Security Council shall maintain the National Security Law ? in accordance with the ? Hong Kong Special Administrative Region of the People’s Republic of China The provisions of Article 14 perform their statutory duties and make relevant judgments and decisions on these situations and issues.
??Now announced.
Doug Clark China LAW-LIS and academic writes
