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Law Society President Thomas So Shiu-tsung (centre) said he led a delegation to Beijing last week. Photo: Dickson Lee

Hong Kong lawyers head urges Beijing to listen and not rush Basic Law interpretation

Group president appeals for advance notice in future amid fears of lost legal independence

The Law Society has urged Beijing to grant more channels for Hongkongers to convey their views on legal issues before making any interpretation of the city’s mini-constitution, describing previous instances as too “rushed”.

The lawyers made the appeal as some Beijing legal advisers have suggested the country’s top legislative body should devise a mechanism for interpreting the Basic Law, sparking concerns that the mainland would deepen its involvement in the local legal system and hurt “one country, two systems”.

Society president Thomas So Shiu-tsung said he led a delegation to Beijing last week to meet the Ministry of Justice, the State Council’s Hong Kong and Macau Affairs Office, All China Lawyers’ Association, the Basic Law Committee and the Supreme People’s Court.

“We feel that the past [interpretation] process appeared a bit rushed,” So said. “If possible, maybe it’s better for Hongkongers to have advance notice of the fact that the National People’s Congress Standing Committee is to discuss an interpretation.”
Former Law Society president Huen Wong said he wasn’t interested in becoming the city’s next justice chief. Photo: Dickson Lee

Article 158 of the Basic Law states the Hong Kong courts can seek an interpretation from the Standing Committee, the country’s top legislative body, over affairs that are the responsibility of the central government or concerning its relationship with Hong Kong.

The committee has interpreted different clauses in the Basic Law five times since the handover. Only one of them arose from a court request. The rest were either initiated by the Hong Kong government or Beijing.

We feel that the past [interpretation] process appeared a bit rushed
Thomas So Shiu-tsung, Law Society
The last one – made last year – pre-empted a Hong Kong court’s judgment over a case involving two pro-independence lawmakers, and effectively disqualified them for their anti-China antics during the swearing-in.
The legal sector held a silent march to protest the interpretation, saying the case should have been resolved within local courts and claiming the Beijing ruling dealt a blow to the rule of law.

So said the society did not make specific proposals, but asked the Standing Committee to make its deliberation process more transparent “so that stakeholders may have time to express their views and the committee will be able to capture a lot more information from the community”.

At present, the Standing Committee only consults the 12-member Basic Law Committee, comprising mostly pro-establishment scholars and lawyers from the mainland and Hong Kong, for interpretation matters.

Basic Law Committee member Rao Geping said last week a mechanism should exist to stipulate the principle for interpretations as well as the procedures, legal effect and relationship with Hong Kong courts.
Meanwhile, former society president Huen Wong said he “was not interested” in becoming the city’s next justice secretary when asked to respond to speculation that he had been approached by chief executive-elect Carrie Lam Cheng Yuet-ngor.

Wong said no one “directly” approached him but there had been talks “through third parties”.

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