Cheng rejects sunset clause for security law

Justice secretary Teresa Cheng Yeuk-wah said for the first time the national security law for Hong Kong will not be completely in line with common law.

"The People's Republic of China has . . . the civil law system and the common law system," she said in her blog yesterday. "It is impracticable and unreasonable to expect everything in the national security law will be exactly as [like] a statute in the SAR common law jurisdiction."

This came after the Hong Kong Bar Association made 11 suggestions, arguing that the law should be applied and interpreted in line with common law principles.

It also proposed a "sunset clause," which would see the law expire after the enactment of Basic Law Article 23 locally.

But Cheng disagreed, saying the National People's Congress standing committee "has the power to add or delete from the list of laws in annex III after consulting the Basic Law Committee and the SAR government. As such, there is no need for what has been described as a 'sunset clause.'"

Cheng's views followed Hong Kong and Macao Affairs Office deputy director Zhang Xiaoming attempting to ease concerns last week when he said the legislation would be in line with modern principles of the rule of law.

Two former chief justices, Yang Ti-liang and Andrew Li Kwok-nang, also called for the new law to adopt common law principles.

On a related note, legal scholar Johannes Chan Man-mun said people shouting slogans without planning concrete action to overthrow the government should not be prosecuted for subversion.

"The law must be written very clearly to differentiate those who have political motives to overthrow the government or taking part in acts of secession and whether [they are] able to do so," he said yesterday.

"I do not think waving a flag or two [would do so]."

The law professor also noted that juries are key in the common law system.

"The jury system reflects the conscience and moral values of society, which is particularly important in politically sensitive cases," Chan said.

He also said the central government should trust that Hong Kong courts are capable of interpreting the security law using common law principles.

The flurry came as the secretary chief, John Lee Ka-chiu, said officers who aim to join a special police unit for enforcing the security law will be tested for loyalty to Hong Kong.

The police will set up a dedicated department for enforcing the law as soon as it takes effect.

"Officers should be loyal to Hong Kong and understand their responsibility in safeguarding national security," Lee said on television yesterday. "They should also fulfill requirements set out by authorities in terms of their views and philosophy regarding national security."