HKSAR Government spokesman: statement on HKNSL by former Court of Final Appeal non-permanent judge Brenda Hale far from truth
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Brenda Hale was appointed as a non-permanent judge of the CFA in 2018 but has never been involved in the hearing of any cases. She indicated to the Judiciary in June 2021 that, for personal reasons, she would not wish to have her appointment extended for another term upon the expiry of her then appointment, which differs from her current statement.
The HKSAR Government spokesman said that any claims that the HKNSL overrides the Basic Law are incorrect. Article 1 of the HKNSL clearly states that the Standing Committee of the National People's Congress (NPCSC) enacts the HKNSL in accordance with the Constitution, the Basic Law, and the Decision of the National People's Congress on Establishing and Improving the Legal System and Enforcement Mechanisms for Safeguarding National Security in the HKSAR. The HKNSL was promulgated and implemented in the HKSAR on June 30, 2020, which has addressed the shortcomings and plugged the loopholes in the legal system and enforcement mechanisms for safeguarding national security of the HKSAR. The HKNSL and other laws in safeguarding national security in the HKSAR firmly adhere to the principle of the rule of law while protecting the rights and freedoms enjoyed under the Basic Law in accordance with the law.
The judicial system of the HKSAR is protected by the Basic Law. According to Articles 2, 19 and 85 of the Basic Law, the HKSAR shall be vested with independent judicial power, including that of final adjudication; the courts shall exercise judicial power independently, free from any interference. All judges and judicial officers abide by the Judicial Oath and administer justice in full accordance with the law, without fear or favour, self-interest or deceit. When adjudicating cases of offences endangering national security, as in any other cases, judges remain independent and impartial in performing their judicial duties, free from any interference. The implementation of the HKNSL over the past five years has proven that the courts have handled all the cases involving the HKNSL strictly in accordance with the above principles.
The authority of the NPCSC to interpret the Basic Law and national laws that apply in the HKSAR is a fundamental aspect of the "one country, two systems" principle and has long been recognised in the jurisprudence of the HKSAR. It is therefore entirely in line with the "one country, two systems" principle that the general power to interpret the HKNSL being a piece of national law, as stipulated in Article 65 thereof, is also vested in the NPCSC. The interpretation given by the NPCSC on Articles 14 and 47 of the HKNSL in December 2022 does not and did not directly deal with any specific judicial proceedings or cases. Rather, it clarifies the meaning of the relevant legal provisions and the basis for application of the HKNSL. It does not in any way impair the independent judicial power and the power of final adjudication of the HKSAR courts as guaranteed by the Basic Law. It is for the HKSAR to resolve specific cases and issues by itself.
The long-time presence of esteemed judges from overseas appointed or reappointed as non-permanent judges of the CFA participating in hearings of the Court, as well as after the enactment of the HKNSL, has been conducive to the international legal environment and the development of the jurisprudence of common law in Hong Kong. There are currently six non-permanent judges from the United Kingdom, Australia and New Zealand in the CFA.
Ends/Friday, July 4, 2025
Issued at HKT 20:31
Issued at HKT 20:31
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