Volume 3,Issue 9
An Analysis of the Penal Jurisdiction and Operation Mechanism of the Hong Kong Special Administrative Region Before the Implementation of the “Hong Kong National Security Law”
The penal jurisdiction of the Hong Kong Special Administrative Region has a unique legal status under the framework of the “ one country, two systems “ policy and the “ Basic Law of Hong Kong. “After the return of the Hong Kong SAR, it enjoys independent judicial power and final adjudication power according to law. Its penal jurisdiction reflects a high degree of independence and universality on the basis of the principle of territoriality, covering the vast majority of criminal cases occurring in Hong Kong. However, the exercise of this power has a clear scope, including being limited by the original legal system and principles, excluding jurisdiction over the conduct of the State, and being uniformly arranged by the central government in case of war or emergency. The operation mechanism of penal jurisdiction in the Hong Kong Special Administrative Region is a self-contained system, covering three stages of investigation, prosecution and trial. It is independently completed by local law enforcement and judicial institutions according to law, which embodies the high degree of autonomy and procedural independence of the criminal justice system in the Hong Kong Special Administrative Region. The penal jurisdiction of the Hong Kong SAR and its operating mechanism reflect the fundamental requirements of the principle of national sovereignty and meet the practical requirements of “ one country, two systems. “ In the future, in the field of safeguarding national security affairs, we should strengthen the connection between the local penal jurisdiction of the Hong Kong Special Administrative Region and the direct jurisdiction of the central government, ensure that the “ one country, two systems “ is stable and far-reaching, and effectively safeguard national sovereignty, security and development interests.
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