'NSL won't impact HK's common law system' - RTHK
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'NSL won't impact HK's common law system'

2023-06-04 HKT 13:31
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  • 'NSL won't impact HK's common law system'
Basic Law Committee member and legal scholar Albert Chen has brushed aside suggestions that the national security law would change the SAR's common law system.

Speaking on Sunday's episode of the RTHK programme NSL Chronicles II, Chen said common law principles remain unchanged even with a stricter bail threshold for those charged under the national security law.

He also said he doesn't believe the country's top legislature would interpret the security law often, after making an interpretation last year relating to foreign lawyers.

"Like many other laws, the national security law is basically applied and implemented by the courts in individual cases. If the law is vague or unclear, the court will interpret it first. The National People's Congress Standing Committee also has the power to do so, but it won't do it often," he said.

"Even with the national security law, our common law system will remain unchanged."

Chen also dismissed concerns that allowing non-jury trials for national security cases would make the proceedings less fair, adding that juries are not the only means of ensuring a fair trial.

'NSL won't impact HK's common law system'