By Jerome A. Cohen
As leaks continue to seep out from various official and semi-official sources about the contents of the forthcoming National Security Law, some of them muddy the waters even more. This just-released SCMP story is a classic case of confusion. In quoting several speakers, it mixes up several questions: 1) By what process will the HK Chief Executive be permitted to appoint the panel of NSL judges? 2) Will it be possible to include judges holding foreign nationality in the panel to be appointed? Judges with HK and foreign ties? 3) To what extent will there be cases under the NSL that are deemed to be outside the jurisdiction of HK courts and only subject to the jurisdiction of the central authorities?
I could not understand the remarks attributed to Zhang Yong, Vice Chairman of the Legislative Affairs Commission of the NPCSC, who seemed to counter concerns about judicial independence with opaque references to judicial jurisdiction. Perhaps the reporters garbled the text of his speech, which I hope to see soon.