[Interdire le Parti national] Police Refers to the Necessary Elements of Non-Hazardous National Security Legal Circles Violate International Standards Freedom of Association and Freedom of Association | Position report |

The Security Bureau plans to ban the operation of the Hong Kong National Party. Police sent more than 700 pages of documents written by Chen Haotian, the National Party Organizer, not only listing the nine specific actions of the party to promote the independence of Hong Kong, but also specifically the 'security national ". The argument of the police raised questions in the legal profession. Wu Zongtang, the organizer of the law and thoughts, believes that the foreign case shows that there must be evidence of a strong use of force to ban a society, and the government questions the illegal badociation to define badociations and freedom of expression. Liang Jiajie, chairman of the Citizens Party, who is a senior lawyer, said the police statement this time does not respect international human rights standards such as the Johannesburg Principles.

Police documents refer to non-essential force elements

. Chen Haotian revealed to have received more than 700 pages of police documents, including the National Party activity record. The document cites the "Ordinance on Society" which says that "national security" refers to the protection of the territorial integrity of the People's Republic of China and its independence, hence "territorial integrity" or "independence". Can not be hurt.

The document also states that the definition of "national security" under the Companies Ordinance does not include the use of force or the threat of the use of force. The proposal of the National Party for the Independence of Hong Kong and the Establishment of a Hong Kong Nation is clearly unconstitutional and violates the territorial integrity of the People's Republic of China.

Wu Zongxi: Government restricts badociation and freedom of expression with a vague and illegal definition

Wu Zongxi said today in a telephone interview with "Standing News" that There is no solid evidence to prove that the National Party used force. There are real intentions to threaten the use of force to influence the country's territorial integrity. He pointed out that Hong Kong is a society governed by law: if someone gets up and "breathes water" and promotes even sensational and politically incorrect ideas, he should be respected and allowed to speak .

He questioned the fact that if the police claimed in the document that it was not necessary to prove that the National Party uses force, this can be defined as an illegal badociation . It can be seen, according to foreign cases, that there should be very strong evidence of the use of force or the threat of use of force before a corporation may be prohibited. For example, the European Court of Human Rights has authorized the dissolution of political parties, and there is evidence that the party has links with foreign terrorist organizations.

Can these European cases apply in Hong Kong? Wu Zongxi refers to the term "protection of human rights" in the International Covenant on Civil and Political Rights (ICCPR), which is almost identical to the Hong Kong Bill of Rights. In the case of Guan Yongyi v. Insider Dealing Tribunal in 2008, the court said that although the case of the European Court of Human Rights would not bind Hong Kong, she remained very persuasive and the Hong Kong courts should consider the arguments of the European Court of Human Rights.

Wu Zongxi worries that if the government uses such a vague and illegal way of defining illegal badociations and restricts freedom of badociation and expression in this way, it will have a long-term negative impact on Hong Kong. "It's one thing to restrict political imprecision: restrictions are legal and can not be restricted by illegal methods."

Liang Jiajie: The Johannesburg Principles Outline Elements of Violence That Threaten National Security

When the president of the Citizens Party, lead counsel, was accepted by the "Position News," he also stated that his He did not commit violence. Being alone is not allowed, it will be "a big problem", and universities and colleges that have discussed the independence of Hong Kong could also be involved.

He stressed that both the UN Commission on Human Rights and the European Court of Human Rights believe that violence against national security must involve violence. He recalled that in the three legislative conflicts of 2003, he had proposed the Johannesburg Principles to the then Director General, Tung Chee-hwa, to ensure that the bill would not lead to convictions. Sure

He stressed that the Johannesburg Principles do not bind Hong Kong, but the Principles are accepted by a large number of international human rights organizations: "If you want to treat a speech like national security, international standards that respect human rights.He advocates violence and immediate results. "He described the practice of the Hong Kong Government this time around: it is obviously a Arbitration crime and no need to conceal political dissidents.

Government batch practices disproportionate Liang Jiajie: Nuclear weapons kill flies

In police document, he pointed out that given the proposal to prohibit the operation of the National Party, he considered the "test of proportionality." In the case of the Hysan Final Appeal Court in 2016, the court held that if it is necessary to limit the fundamental rights of a person, there are four steps to consider: the restriction must have a legitimate purpose, the restriction must be reasonable The legitimate aim is bound: the restriction must not be more than necessary to achieve the goal legitimate, and the question of whether the social interest engendered by the restriction and the restriction violates the constitutional rights of the citizens concerned is reasonable. Balance

Liang Jiajie believes that according to these four stages, the National Party should not be targeted at all: it is doubtful that the practice of government is not proportional, just like "using nuclear weapons to kill flies". He pointed out that the National Party had only 30 to 50 party members and that Hong Kong's "nineteen-and-a-half" did not know Chen Haotian. "It's not a case (US President) Trump, leading three aircraft carriers against Zhongnanhai … As long as there is a little common sense and not blinded by the political tasks, there n & # 39; It is not difficult to find that it is totally disproportionate. "

Liang Jiajie: Articles of illegal publications in the media or illegal

Once the Hong Kong National Party is qualified as illegal badociation, if the media continue to publish the article on the independence of the Hong Kong Nationalist Party, will this imply a legal responsibility?

Liang Jiajie believes that in the above circumstances, the media can be considered to help illegal organizations and bear the legal responsibility. "If a day to ban (national party), some continue to write articles on behalf of the national party, the author violated You help him to publish in" Standing News ", of course, an accomplice, they are called "accomplices."

Wu Zongxi said that he did not see that the practice involved "badisting" unlawful badociations.He refers to the acts referred to in paragraph 39 of this article. Article 23 (1) of the Ordinance on Companies, which are fund-raising and direct badistance.If the media does not badist an illegal society to raise funds or to pay to the badociation an amount higher than the others, that can make them suspicious.