National security law: Hong Kong courts have fine line to walk adjudicating cases involving new legislation, legal experts say

While the National People’s Congress Standing Committee holds final interpretive power, local courts must still rule on violations of new law

But the possibility of judgments being overturned from above will always be there, legal experts say

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While final power to interpret the new national security law lies with Beijing’s National People’s Congress Standing Committee, Hong Kong judges will still be expected to adjudicate cases involving the legislation. Photo: EPA-EFE

Published: 8:11pm, 1 Jul 2020Updated: 11:07am, 2 Jul 2020

Hong Kong’s courts could find themselves in a difficult position as they attempt to interpret clauses of Beijing’s tough new national security law at future trials, legal experts in the city have warned.

Article 65 of the law, which came into effect on Tuesday night, states that power to interpret the legislation is vested in the National People’s Congress Standing Committee.

But a senior Hong Kong legal source said local courts would still be expected to interpret the legislation when adjudicating trials related to national security, much as they have been responsible for interpreting clauses in the city’s Basic Law, its mini-constitution.

A woman is arrested after allegedly waving a flag advocating Hong Kong independence. Photo: Dickson Lee

“The courts will be put to the test when there is a need to apply the law in the process of adjudicating national security cases,” the source said.

The new legislation is intended to stop and punish acts of secession, subversion, terrorism and collusion with foreign forces to endanger national security, and carries a maximum penalty of life imprisonment.