THREAD. @NPC_Observer's analysis below highlights the serious legal challenges that the draft Decision presents to a conventional interpretation of the #BasicLaw & also the anticipated rationalizations for overcoming them, at least to the satisfaction of pro-Beijing advocates.1/n
It concludes, as I did in my blog below, that, given the structure of the PRC constitutional/legal system & the provisions of the Basic Law, the NPC Standing Committee has the power to say that the law is whatever it wishes it to be. 2/n
jeromecohen.net/jerrys-blog/na…
So much for PRC domestic law including its reign over Hong Kong. 3/n
This doesn't relieve the central gov't of charges that the Decision & the legislation will violate the PRC’s obligations under the 1984 UK-PRC Joint Declaration on HK, incl. its pledge that HK will continue to be protected by the Int'l Covenant on Civil & Political Rights...4/n
...until the Joint Declaration expires in 2047. Nor does it free Beijing from charges that the Decision and legislation may result in violations of the PRC’s broader international human rights obligations. 5/n
Various pro-Beijing HK political figures have recently spoken out with ostensible knowledge of the contemplated legislation, as has the Politburo leader responsible for HK affairs, offering assurances that... 6/n
...the contemplated legislation will be surgically applied to affect only its supposedly circumscribed targets, allegedly only a small group. 7/n
Apparently to provide assurance that the agents of the Ministry of National Security & the Ministry of Public Security who will now be authorized to openly operate in HK will not run amok and usurp the role of the HK police, it has been suggested that the HK government... 8/n
...may revive the Special Branch unit of the local police that was abolished before the 1997 Handover by the UK to the PRC.
Jaded observers will take such assurances for what they are worth. 9/9
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