1/ Beijing's interpretation of #HK's #NSL (articles 14 and 47) fully empowers the Committee for Safeguarding National Security to override judicial decisions in the future, if local courts fail to obtain certificates from the Chief Executive in light of national security matters.
2/ Theoretically, the NSL interpretation today creates a de facto Prerogative State like what Germany had in the 1930s, when national security authorities enjoys privileges to adjudicate political trials whereas local courts operated in parallel to handle other disputes.
3/ The NSL interpretation solves whether overseas lawyers (without full qualification in HK) could defend NSL cases. This does not only lie in criminal cases but also civil matters. Now, the National Security Committee can trump all judicial decisions: info.gov.hk/gia/general/20…
4/ Consequently, as my journalist friends consider, the NSL interpretation today creates a de facto Political-Legal Committee for Hong Kong: judicial independence vanishes when the executive authorities can override court decision without being challenged by judicial review.
5/ It is ironic that all remaining overseas non-permanent judges in Hong Kong would still consider they have the strength to safeguard judicial independence in this city, when National Security Committee can arbitrarily exercise their overriding power against the court now.
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