My Take | Full consequences of 1999 hearing being felt today
- In its judgment on Jimmy Lai’s bail, Hong Kong’s top court looked back more than two decades to consider the national security law’s relationship with the Basic Law
This week marks the 22nd anniversary of one of the most extraordinary hearings ever held at Hong Kong’s top court. Much has changed since the early years after the city’s return to China. But it is only now that the full consequences of the court’s decision are being felt.
The significance became clear this month when the judges considered the question of bail in media tycoon Jimmy Lai Chee-ying’s national security case.
The 1999 hearing involved an unprecedented bid by the government for the court to clarify its first judgment involving the Basic Law. Courts do not usually clarify their rulings.
The city was facing a constitutional crisis. The judges had ruled against the government in a case concerning the right to live in Hong Kong. They had also stated “unequivocally” the court had the power to strike out acts of the National People’s Congress if they breached the Basic Law. This was seen by Beijing as a challenge to its authority. The court faced a storm of criticism.
The judges clarified their statement by saying they could not question the authority of the NPC to act in accordance with the Basic Law and the procedures it lays down. At the time, legal experts thought the court had simply restated its position using different words. But it was sufficient to end the crisis.
Fast forward 22 years. This month, the same court – with different judges – considered the national security law for the first time, in Lai’s case. They ruled on the fundamental question of its relationship with the Basic Law.
The court would normally use its power of constitutional review to declare any law conflicting with the Basic Law invalid. But this does not apply in security cases, the judges said in the Lai ruling.
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Hong Kong media tycoon Jimmy Lai in court as prosecutors appeal bail release
