Photo: lie Xianlun stressed that all elements of subversion crime in Hong Kong’s national security law have been violated.
Lie Xianlun, a former non permanent judge of the court of final appeal, wrote in a newspaper yesterday, stressing that the evil of the “35 + primary election” lies in the realization of the “ten step plan” and that the goal of the “ten step plan” is to use their power as members of the Legislative Council to create chaos. The plan violates all the elements of subversion of state power under the Hong Kong national security law. If they are elected to seriously destroy and overthrow the government, they will not fulfill the constitutional responsibility stipulated in the basic law, but use the basic law as a disguise to carry out subversive activities.
Lie Xianlun mentioned that the idea of “ten steps for soliciting speculation” is that after the soliciting speculation faction is elected, it will veto all motions and order the chief executive to dissolve the Legislative Council. When the Legislative Council was re elected, the conspirators again vetoed all the motions, forcing the chief executive to resign. This is the form of soliciting speculation.
He believes that the relevant plan has not been confirmed yet, but the known facts seem to reveal all the elements of the crime of subverting the state power in violation of Article 22 (2) and Article 22 (3) of the national security law of Hong Kong. The relevant provisions are as follows: & quot; anyone who organizes, plans, implements or participates in one of the following & hellip; & hellip; or other illegal means to subvert the state power shall be guilty of: overthrowing & hellip; & hellip; the organs of political power of the Hong Kong Special Administrative Region; seriously interfering with, obstructing and destroying & hellip; & hellip; the organs of political power of the Hong Kong Special Administrative Region to perform their functions according to law. ”
The basic law stipulates maintaining prosperity and stability
Quoting the sophistry of the chairman of the democratic party earlier, “when members of the Legislative Council performed their duties under the basic law, they could have vetoed the budget.” he described this as an attempt to legitimize their actions;. He stressed that the basic law was not signed by two parties with equal bargaining power. As a living constitutional document, the basic law should be interpreted in an expanded and informal way. According to the preamble of the basic law, its legislative purpose includes maintaining the prosperity and stability of Hong Kong;.
In his view, the Legislative Council is one of the main organs of the government. According to Article 73 (2), Article 50, Article 51 and Article 52 (3) of the basic law, the powers conferred on members of the Legislative Council must be exercised in good faith, with the aim of maximizing social interests, and maintaining the prosperity and stability of the SAR. If the essence of the election of a member of the Legislative Council is to seriously destroy and overthrow the government, he will no longer be regarded as fulfilling the constitutional responsibility stipulated in the basic law. He used the basic law as a disguise to carry out subversive activities.