头条英文播报｜HK court's ruling draws criticism

Carrie Lam Cheng Yuetngor, chief executive of the Hong Kong Special Administrative region, witnesses new Commissioner of Police Tang Pingkeung take his oath of office in Hong Kong on Tuesday. PHOTO PROVIDED TO CHINA DAILY

Top legislature says no other entity has right to judge ordinance's conformity with Basic Law

A ruling by the High Court in Hong Kong related to the Emergency Regulations Ordinance and the anti-mask law has drawn severe criticism from central authorities and legal professionals who expressed concern that such a ruling challenges the authority of the country's top legislature and will have a serious negative social and political impact.

The Legislative Affairs Commission of the Standing Committee of the National People's Congress — the country's top legislature — as well as the Hong Kong and Macao Affairs Office of the State Council and the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region all voiced deep concerns on Tuesday over the ruling.

The Court of First Instance of the High Court of the Hong Kong Special Administrative Region ruled on Monday that the provisions of the Emergency Regulations Ordinance, which empower the chief executive to make related regulations under certain circumstances, were inconsistent with the HKSAR Basic Law and that the main elements of the anti-mask regulation was found to be disproportionate to the situation.

The High Court is made up of the Court of Appeal and the Court of First Instance. It has both appellate and original jurisdiction, that is, it can both hear appeals sent to it and try cases first taken to it.

"Whether a law of the HKSAR is in conformity with the Basic Law of the HKSAR can only be judged and decided by the NPC Standing Committee, and no other organ has the right to judge or decide," said Zang Tiewei, a spokesman for the Legislative Affairs Commission of the NPC Standing Committee, adding that the Constitution and the Basic Law together form the constitutional basis of the SAR.

The Emergency Regulations Ordinance in force in Hong Kong was confirmed to be in accordance with the HKSAR Basic Law by decisions of the NPC Standing Committee in February 1997 and adopted as a law of the HKSAR. Therefore, "the ordinance is consistent with the Basic Law", Zang said.

"The ruling of the Court of First Instance of the High Court of the HKSAR has seriously undermined the legitimate power of the chief executive and the HKSAR government to govern in accordance with laws, and is inconsistent with the Basic Law of the HKSAR and the relevant decisions of the NPC Standing Committee," Zang said.

He said some NPC deputies have voiced strong dissatisfaction with the ruling and the top legislature is studying the opinions and suggestions of some top legislators.

Yang Guang, a spokesman for the Hong Kong and Macao Affairs Office of the State Council, expressed concern that the ruling may have a serious negative impact.

"This is a blatant challenge to the authority of the NPC Standing Committee and to the power vested in the chief executive to govern by law. It will have a serious negative social and political impact," Yang said.

The anti-mask law has played a positive role in curbing violence and chaos since it was implemented, Yang said. He called on the HKSAR government and judiciary to jointly shoulder the responsibility of ending violence and chaos and restoring order.

He Junzhi, associate dean of the Institute of Guangdong, Hong Kong and Macao Development Studies at Sun Yat-sen University, said such a ruling will directly lead to the suspension of the anti-mask law. "The HKSAR government will encounter more difficulties in dealing with the current situation," he said.

Hong Kong has witnessed repeated violence and attacks by masked rioters since June. Recently, rioters issued threats and used violence, not only to police but also to people with differing political views. Almost everyone in Hong Kong faces threats amid the social unrest, Chief Executive Carrie Lam Cheng Yuet-ngor said on Tuesday, pointing out that some of those who volunteered to clear roadblocks were assaulted by rioters.

She called for an end to violence and vandalism so that district council elections scheduled for Sunday can be held as planned.

Widespread disapproval

Political heavyweight and legal professionals in Hong Kong also expressed their disapproval of the ruling by the High Court.

Barrister and lawmaker Priscilla Leung Mei-fun said the ruling has "crossed the line" of local judicial body responsibilities.

According to Article 158 of the Basic Law, Hong Kong courts are authorized to interpret on their own, in adjudicating cases, the provisions of the Basic Law that are within the limits of the autonomy of the SAR.

However, if the courts need to interpret the Basic Law concerning the relationship between the central authorities and the HKSAR, they should seek interpretation from the NPC Standing Committee, the article reads.

Hong Kong's chief executive is responsible to the central government. Therefore, to judge whether it's constitutional for the chief executive to enact the Emergency Regulations Ordinance is beyond the domain of the SAR's autonomy and should only be decided by the NPC Standing Committee, Leung said.

Cautioning that the ruling may negatively affect the SAR's governance capacity, she urged the government to appeal the ruling to the Court of Final Appeal as soon as possible.

Rita Fan Hsu Lai-tai, former president of Hong Kong's Legislative Council, said the court made the ruling on mere legal grounds without considering the present situation.

There has been continuous unrest in the city, with rioters wantonly harming police and innocent citizens, Fan said, adding that there is a practical need for the anti-mask law amid the turbulence.

"Any court in the world, when making a ruling, considers not only the text of law books or the arguments of legal counsels, it also considers the general environment in which the case occurs," Fan said.

She cautioned that removing the anti-mask law may weaken public safety and bring back an atmosphere of fear and uncertainty caused by masked rioters.

Xinhua contributed to this story.

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记者：黎冰村、张洋菲

播报：Jocelyn Eikenburg

【阅读背景】

全国人大常委会法工委发言人就香港法院有关司法复核案判决发表谈话

全国人大常委会法制工作委员会发言人臧铁伟19日就香港特别行政区高等法院原讼庭有关司法复核案判决发表谈话如下：

11月18日，香港特别行政区高等法院原讼庭作出一项判决，其中裁定香港《紧急情况规例条例》部分条款不符合香港基本法，致使有关条款无效。一些全国人大代表对此表示强烈不满，全国人大常委会法工委对此表示严重关切。我们认为，宪法和基本法共同构成特别行政区的宪制基础。香港特别行政区法律是否符合香港基本法，只能由全国人大常委会作出判断和决定，任何其他机关都无权作出判断和决定。根据香港基本法第8条的规定，包括《紧急情况规例条例》在内的香港原有法律，除同香港基本法相抵触或经香港特别行政区立法机关作出修改者外，予以保留。1997年2月23日，第八届全国人大常委会第24次会议作出的《全国人民代表大会常务委员会关于根据〈中华人民共和国香港特别行政区基本法〉第一百六十条处理香港原有法律的决定》，已经将《紧急情况规例条例》采用为香港特别行政区法律。因此，该条例是符合香港基本法的。香港特别行政区高等法院原讼庭有关判决的内容严重削弱香港特区行政长官和政府依法应有的管治权，不符合香港基本法和全国人大常委会有关决定的规定。我们正在研究一些全国人大代表提出的有关意见和建议。（来源：新华网）

原文链接：

http://www.xinhuanet.com/gangao/2019-11/19/c_1125246732.htm