Hong Kong National Security Law, Possibility of Retroactive Application Raised

[Asia Economy Reporter Sung Ki-ho] A special court related to the 'Hong Kong National Security Law' (Hong Kong Security Law) is being established in Hong Kong, and there is a possibility that it may be applied retroactively.

Teresa Cheng, Hong Kong Secretary for Justice, said in an interview with Hong Kong media on the 2nd, "Whether to prosecute under the Hong Kong Security Law will be decided by the Hong Kong Department of Justice, not mainland China," and added, "If Hong Kong's legal principles and human rights protections are not observed, we will raise concerns with the Standing Committee of the National People's Congress (NPCSC) of China."

The NPC passed the draft of the Hong Kong Security Law on the 28th of last month, and the NPCSC is expected to create the detailed provisions of this law. Afterwards, the Hong Kong Security Law will be inserted into the annex of the Hong Kong Basic Law and implemented.

Secretary Cheng emphasized, "Trials related to the Hong Kong Security Law will adhere to the principle of presumption of innocence, and guilt will be proven only through sufficient evidence, not reasonable doubt, just like other cases," and added, "The principle of open trials will also be upheld."

Additionally, Secretary Cheng hinted at the possibility of establishing a special court dedicated to the Hong Kong Security Law.

She stated, "We should keep an open mind about special courts," and explained, "Such courts allow judges to better understand specific legal issues, enhancing judicial efficiency, and they exist in other countries as well."

Secretary Cheng also left open the possibility that the Hong Kong Security Law could be applied retroactively and that the principle of open trials might not be fully observed.

If retroactive application occurs, there is a possibility that pro-democracy figures such as Joshua Wong (黃之鋒), who engaged in anti-China activities during last year's protests against the 'Fugitive Offenders Ordinance' (Extradition Bill) or urged the United States to enact the 'Hong Kong Human Rights and Democracy Act' (Hong Kong Human Rights Act), could be prosecuted.