National security law: decisions of new committee in Hong Kong not above judicial review, legal expert says
- The new group chaired by the city’s leader has sweeping powers relating to policy and enforcement
- But opinion is divided on whether the courts can scrutinise any abuses of its powers
Hong Kong courts can scrutinise the new national security committee, a constitutional law expert has said, putting him at odds with the chief executive who says the panel’s work lies beyond the scope of judicial review.
Albert Chen Hung-yee, a member of the Basic Law Committee that advises Beijing on matters relating to the city’s mini-constitution, noted the law set out the duties and functions of the committee, which is chaired by Hong Kong’s leader and includes ministers and heads of disciplined forces.
Hong Kong national security law official English version:
The Committee for Safeguarding National Security is required to “formulate policies”, “advance the development of the legal system and enforcement mechanisms” and “coordinate major work and significant operations”.