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Monday, July 06, 2020, 03:25
National security law for HK should be enforced according to common law, expert says
By Gang Wen
Monday, July 06, 2020, 03:25 By Gang Wen

The national security law for Hong Kong should be implemented using common law traditions – court decisions based on prior judicial pronouncements, a Hong Kong barrister said on Sunday.

Because the new law, which took effect on Tuesday, doesn’t specifically identify every act that could be a crime, it falls on Hong Kong’s courts to develop an understanding of this to be used as a guideline for future cases, Daniel Fung Wah-kin said at the law conference of the 30th Anniversary of the promulgation of the Hong Kong Basic Law.

Speaking at the same forum, barrister Cheng Huan agreed on the application of common law tradition when dealing with national security cases.

He referred to discussion about whether merely chanting slogans violates Article 20 of the security law, which deals with secession.

Such conduct isn’t necessarily liable for prosecution under the article since, according to common law principles, the court should also take into account surrounding circumstances and the suspect’s intent, Cheng said.

He acknowledged that the desirable enforcement of the national security law in Hong Kong requires two-way trust between the city and the central government.

To gain Beijing’s trust, there are red lines Hong Kong can by no means cross, such as secession and collusion with foreign forces, the barrister added.

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