The Hong Kong High Court rejected four applications for judicial review on the two prosecutions of the Guangzhou -Shenzhen -Hong Kong High -speed Railway in one place yesterday. The regulations did not violate the "Basic Law".Fanmin disappointed the ruling and said he would appeal.
The two prosecution regulations were approved in the Legislative Council in June this year, and the Hong Kong section of the high -speed rail was also opened to traffic in September.The Court of High Court merged and handled four applications for judicial review. The applicants include Liang Songheng of the ethnic line, Liang Guoxiong of the Socialist Liang, Changzhou resident Guo Zhuojian, social worker Lu Zhiheng, and Gu Junxuan of the New Democratic League.
They believe that if the court does not overthrow the arrangement, the mainland port area will follow to completely destroy the rule of law in Hong Kong.
Judge Zhou Jiaming rejected that the Court of Final Appeal has confirmed that the Standing Committee of the National People's Congress of China has an independent power interpretation law. The Hong Kong court has no right to determine whether the people's congress decision is not applicable to Hong Kong law. According to the national constitution, the people's congress decision is the certificate of the constitution, which is equivalent to the interpretationLaw.People have announced a constitutional arrangement earlier earlier.
Judge: Setting in the port area of the Mainland reflects the high autonomy of the port
The judge believes that the "Basic Law" gives people the power to determine whether the policy is in line with the "Basic Law" and the principles of one country.He did not accept the applicant's decision of the Standing Committee of the People's Congress to say no binding statement on the Hong Kong court, emphasizing that the Court of Final Appeal of Hong Kong has determined that the Standing Committee of the National People's Congress has the right to interpret it.
He also does not think that the establishment of a mainland port area at West Kowloon Station will make passengers be considered to be on the mainland and separated from the "Basic Law".On the contrary, the establishment of the Mainland port area reflects Hong Kong's high degree of autonomy; more than, one place and two inspections are an arrangement of society.
However, the judge also emphasized that this arrangement is based on special circumstances, and it does not mean that in the future, it must implement mainland laws in other parts of Hong Kong.He said that the arrangement of two inspections in one place was due to the arrangements that had to be made from an unreasonable engineering project.
Chang Mao Liang Guoxiong pointed out that the judge stated in the judgment that the People's Congress decided to have the effect of interpretation. It must be referred to. The relevant statement is to explain the "Basic Law" to enter a new stage, which is the further retrogression of the rule of law in Hong Kong.He said he would definitely appeal.
On the other hand, in response to the Hong Kong Department of Justice's decision, he did not propose a prosecution of the former chief executive Liang Zhenying on the UGL incident.
Lin Zhuoting questioned that the Department of Political Affairs failed to explain the law of law; the Institute's statement stated that the case had doubts, and the Department of Justice did not entrust an independent legal adviser to provide legal opinions, which was different from the past practices.
When the criminal prosecution commissioner Liang Zhuoran attended the hearing of the Chinese case yesterday, he was asked by the reporter to ask the Liang Zhenying case.He said that there was no other supplement except the lawsuit of the Law Department.
