In response to five cross party members of Congress in the United States recently, the United States government was asked to check whether 49 Hong Kong judges, prosecutors and government officials were included in the sanctions list. Some Hong Kong pro institutional scholars and politicians said that the incident might make it difficult for Hong Kong courts to normally try major national security cases, which does not exclude forcing Beijing to launch Article 55 of the National Security Law and transfer major national security cases to the Chinese Mainland for trial.
Liu Mengxiong, a former member of the Chinese People's Political Consultative Conference, analyzed VOA and believed that if major national security cases were transferred to the Chinese Mainland for trial, it would contradict Article 5 of the Basic Law, which has kept Hong Kong's original capitalist system and lifestyle unchanged for 50 years, and would also affect the rule of law and judicial independence of Hong Kong, which might affect the confidence of foreign investors.
Last Thursday (November 2), Democratic and Republican members of the US Congress jointly proposed a bill to sanction 49 officials, judges, and prosecutors involved in the Hong Kong National Security Act. The list of sanctions includes Secretary for Justice Lin Dingguo, Secretary General of the National Security Commission Qu Zhiguang, Police Commissioner Xiao Zeyi, and multiple designated judges under the National Security Act.
The pro establishment camp may activate Article 55 of the National Security Law
The incident has caused continuous protests from pro establishment political and business circles and groups in Hong Kong for several days. Liu Zhaojia, a consultant of the All China Association for Hong Kong and Macao Studies, said recently that the incident may make it difficult for Hong Kong courts to normally try major national security cases. It does not rule out forcing Beijing to launch Article 55 of the National Security Law and transfer major national security cases to the Chinese Mainland for trial.
Legislative Council member Ye Liu Shuyi, who also serves as the convener of the Executive Council, Legislative Council member Zhou Haoding, and former National People's Congress Standing Committee member Tan Yaozong and other pro establishment politicians all agree with Liu Zhaojia's statement.
On Tuesday (November 7th), Tan Yaozong stated on a radio program that the relevant cross party members of the United States are also members of both houses of Congress and have a certain degree of representativeness. Although their proposed bill has not been passed, Hong Kong must take precautions. He also stated that if the bill is passed, it will definitely put pressure on Hong Kong judges and prosecutors. At that time, Hong Kong will be forced to initiate Article 55 of the National Security Law and submit relevant national security law cases to mainland China for trial. He described the relevant measures as leaving "insurance restrictions" that can be initiated if necessary.
Liu Mengxiong: Causes the international community to question the positioning of one country, two systems
Liu Mengxiong, a former member of the Chinese People's Political Consultative Conference (CPPCC), accepted VOA's interview and analysis. If article 55 of the National Security Law is activated and major national security cases are transferred to the Chinese Mainland for trial, it is contradictory to article 5 of the Basic Law that "Hong Kong does not implement the socialist system and policies, and maintains the original capitalist system and lifestyle for 50 years". He believes that the statements of institutional scholars and politicians will only make the international community more questioning Hong Kong's positioning as one country, two systems.
Liu Mengxiong said, "Talking about threatening to bring those national security cases to the mainland for trial is itself a violation of Article 5 of the Basic Law. Therefore, I think what they (pro establishment activists) are saying can only make the international community question Hong Kong's positioning as one country, two systems, and will be more realistic. Hong Kong is currently implementing one country, one system, and is becoming (China) Ordinary cities in mainland China are detrimental to Hong Kong's position as an international financial center without any benefits
Liu Mengxiong said that the launch of Article 55 of the National Security Law would not frighten the United States, but would only harm the status of Hong Kong as an international financial center, and would not benefit the economic development of Chinese Mainland.
Liu Mengxiong said, "Hong Kong is a leverage fulcrum in the process of China's reform and opening up or the construction of Chinese path to modernization. I think Liu Zhaojia, Ye Liushuyi and Tan Yaozong will not frighten the United States in their speeches. They can only destroy Hong Kong's position as a leverage fulcrum in China's reform and opening up. I think their speeches are a reflection of" one left and two narrow "and need to be corrected."
Based on the current situation, it is estimated that there is not much chance of starting 55
The reporter asked, according to the current assessment of the situation, is there a high possibility of launching Article 55 of the National Security Law? Liu Mengxiong believes that the political figures of the pro establishment faction lack political sensitivity and judgment. According to the current situation, political interaction between China and the United States is quite frequent, including the visit of Chinese Foreign Minister Wang Yi to the United States at the end of October, and the visit of Chinese Vice Premier He Lifeng to the United States to hold bilateral talks with Finance Minister Yellen. There are also reports,  
Liu Mengxiong said, "The fact that (China) can take off as the world's second largest economy and become the world's factory is inseparable from the friendly and improved relations between China and the United States. In this regard, Hong Kong is also a hot topic of common concern between China and the United States. Now, people like Liu Zhaojia, Ye Liu Shuyi, and Tan Yaozong are clamoring to respond to US sanctions and submit national security cases to (China) for domestic trial in accordance with Article 55 of the Hong Kong National Security Law You can only exacerbate the contradiction between China and the United States, which is completely in line with the current deployment of the (Beijing) Central Committee. To improve Sino US relations, we need to reverse the downward trend of the (China) domestic economy, the unemployment wave, the debt 'explosion' wave, the downward trend of imports and exports, and the trend of investment shrinkage. This is completely opposite to the direction of the (Beijing) Central Committee
Liu Mengxiong also stated that since the implementation of the Hong Kong National Security Law for more than three years, Hong Kong's economic development has been deteriorating. He described Hong Kong's pan politicization as only "attracting customers" and affecting the confidence of foreign investors.
Liu Mengxiong said, "You are currently engaged in philosophical struggles in Hong Kong, constantly saying that you want to engage in irreconcilable struggles with external forces such as the United States and the West. Engaging in these things can only 'drive away customers'. Therefore, I think the' National Security Law of the Hong Kong Area ' Over the past three years of implementation, the situation in Hong Kong has been evident to everyone. Whether those policies, laws, decisions, and formulations have been right or wrong, good or bad, have they contributed to the success or failure of the Hong Kong story? These numbers can tell everything, and facts speak louder than words
Article 55 of the National Security Law stipulates that 3 cases can be transferred to China for trial
According to Article 55 of the National Security Law of the Hong Kong Special Administrative Region, there are three situations in which a national security law case may be transferred to the Chinese Mainland for trial, including 1. the case involves the involvement of foreign countries or foreign forces, and the jurisdiction of the Hong Kong Special Administrative Region is really difficult; 2、 Serious situations arise where the government of the Hong Kong Special Administrative Region is unable to effectively implement this Law; 3、 Situations where national security is facing significant practical threats.
If one of the situations occurs, the Hong Kong Special Administrative Region Government or the Beijing Office for the Maintenance of National Security in Hong Kong shall submit it to the Central People's Government of Beijing for approval, and the Hong Kong Office for the Maintenance of National Security shall exercise jurisdiction over criminal cases against China's national security as stipulated in the National Security Law.
Article 56 of the National Security Law states that when cases of crimes endangering China's national security are under the jurisdiction of Article 55, the Beijing National Security Office in Hong Kong shall be responsible for filing and investigating the case, the Supreme People's Procuratorate shall designate relevant procuratorial organs to exercise procuratorial power, and the Supreme People's Court shall designate relevant courts to exercise adjudicative power.
The barrister pointed out that the provisions were not clearly defined and called for caution in starting
Lawyer Xiao Zhiwen stated in an interview with VOA that the relevant provisions do not explain the complex situation of foreign intervention, and he believes that there will not be too much difficulty in initiating the relevant procedures.
Xiao Zhiwen said, "It is necessary to be able to comply with the 55 bracket clause, what is the 'foreign intervention' part, which can actually be very simple because it does not explain how foreign intervention is a 'complex situation', so any diplomatic thing is basically in the Basic Law Below, Hong Kong also has no authority to handle it, so it can be very simple to comply with the first rule, or it can be very complex to grasp it tightly, which can also be very difficult to pass through. As for these three situations, the National Security Office can exercise its discretion to entrust the jurisdiction of (Hong Kong National Security cases) to the central government of (Beijing) for handling. This is not particularly difficult, that is, when you think of an administrative agency that decides to do something within its own administrative power, it is not a very difficult situation to meet this condition, Because these internal matters are not subject to a judicial review, it has decided on this matter (transferring it to mainland China for trial), and it seems that no one can dispute this matter
Attention from all walks of life to whether the defendant can have a fair trial
Xiao Zhiwen said that if the relevant parties want to launch Article 55 of the National Security Law, he hopes to carefully consider the overall situation and its impact on the rule of law and one country, two systems in Chinese Mainland. In particular, the "mainland law" legal system implemented in Chinese Mainland is completely different from the "common law" legal system implemented in Hong Kong. Whether the defendant in the national security law case can receive a fair trial when transferred to the mainland China for trial is concerned by all circles.
Xiao Zhiwen said, "It is already a very big problem to transfer a case from one place to another jurisdiction for processing. Without discussing other matters, such as how to visit a prison if you are in Hong Kong, there are regulations on how to visit a prison. If this situation is brought back to mainland China for processing, can those relatives and friends go to visit a prison? Is it the same as Hong Kong or China What about the situation in mainland China? Or were you locked up in Hong Kong and not in mainland China for trial until then? I don't know
Xiao Zhiwen described the legal systems in Hong Kong and mainland China as completely "two different" things, believing that there is basically no room for the two regions' legal systems to blend in.
Xiao Zhiwen said, "If the situation in Hong Kong goes to the High Court, it can generally be handled by jurors. If it goes to the mainland of China without this situation, what will become? That situation is completely 'two different', and how will it think about you (the defendant) The situation of violating the law is different, so basically, I feel that there is no need to break in between the two situations
Or affect external confidence in Hong Kong's judicial independence
Xiao Zhiwen is concerned that the precedent of Article 55 of the National Security Law may affect the confidence of other ordinary legal countries and regions in Hong Kong's judicial independence, and the confidence of foreign investors may also be affected.
Xiao Zhiwen said, "There is one thing I have done in Hong Kong. Do I have to consider all other places? Will my behavior violate the law in those places? If I consider Hong Kong's laws, there will be many uncertainties in such situations There are many things that cannot be clarified, and they are very simple, such as some actions, such as some foreign people coming to Hong Kong to do business or anything else. Of course, you are familiar with local laws, and I believe it is legal to do so. However, the question is to go to this stage, to suddenly bring the case to mainland China (for trial), That situation is relatively less transparent in the courts of mainland China, and there are also some unclear procedural aspects. You don't know what happened. Do you still have confidence in Hong Kong's own legal system for these foreign people or others? I think there may be a significant discount, because even if you fully trust Hong Kong's legal system, even so, But you don't even know what the situation is, and suddenly you will be thrown onto mainland China for processing
Major national security cases during interrogation may be transferred
The major national security cases currently being tried in Hong Kong courts, including the 47 democrat primaries case that began in early February this year, and the 16 non guilty defendants who have been tried for more than six months, are about to make their closing statements by the end of November; The founder of One Media, Li Zhiying, who has been suspended, is accused of colluding with foreign forces, as well as three former chairman and vice chairman of the branch, Li Zhuoren, He Junren, and Zou Xingtong, who are accused of subverting the state power. After multiple pre-trial reviews and preliminary inquiries, the case has not yet officially begun.
VOA reporter asked Xiao Zhiwen whether these major national security cases, which are in trial or have not yet officially started, could be transferred to the Chinese Mainland for trial
Xiao Zhiwen said that Articles 55 and 56 of the National Security Law did not limit the progress of the national security law cases transferred to the Chinese Mainland for trial, that is, even the cases under trial may be transferred.
Xiao Zhiwen said, "The broadest interpretation is that it is not impossible to go to a point where even the trial is in progress or even after the trial has been completed, and then bring it to the Chinese Mainland. That is, when the trial is really in progress, I feel that it is not suitable after half of the trial, or I don't know (Tao) For any other reason, it may not necessarily be a crime, or to the extent that foreign forces have intervened far beyond what was previously imagined. It was only halfway through the trial that they brought it to the mainland authorities and dealt with it through the National People's Procuratorate and the Supreme People's Court, without saying 'no'. It seems that the situation is' you can do it without saying it's not allowed ', and the current situation seems to be that the law itself does not mention that national security laws cannot do it. Therefore, the situation is that even if you go to some preliminary inquiries, it's good to go to some other stages, or even bring it up halfway through the formal trial (in mainland China) without saying it's not allowed
According to a report by the Ming Pao newspaper in Hong Kong on Tuesday, a spokesperson for the Hong Kong government responded to the newspaper's inquiry by stating that Article 55 of the National Security Law specifies three exceptions. Upon request by the SAR government or the National Security Office in Hong Kong, and with the approval of the Beijing Central People's Government, the National Security Office in Hong Kong exercises jurisdiction over crimes against national security as stipulated in the National Security Law. The SAR government will act in accordance with the provisions of the National Security Law and the actual situation of individual cases in accordance with the law. The judiciary refused to evaluate individual cases.