5.
"It has been claimed, in the current debate, that the application, in particular cases, of restrictions based on national security would be reviewable by the courts and that this provides sufficient protection against abuse. However, this claim ignores the common law principle that national security is the exclusive responsibility of the executive and that the courts will not inquire into the justification for a claim that action was taken for reasons of national security. In the words of one senior judge in the leading House of Lords' decision:
'National security is the responsibility of the executive government; what action is needed to protect its interests is ...... a matter on which those on whom the responsibility rests, and not the courts of justice, must have the last word. It is par excellence a non-justiciable question. The judicial process is totally inept to deal with the sort of problems which it involves.'
"This principle would apply however the term 'national security' was defined in particular legislation. And in the context of the Public Order Ordinance, for example, it would mean that were the Commissioner of Police to be given the power to ban public processions on the ground of national security, the capacity of persons to challenge such a ban by way of judicial review would be extremely limited. While a court would not accept a mere assertion that a ban was imposed in the interests of national security and would require some evidence to that effect, once such evidence was produced the court would not inquire into the rationality of the decision, as would normally be the case in judicial review proceedings."
End
HK should not be linked to China's MFN renewal: CS
Hong Kong's transition should not be linked to the renewal of China's Most Favoured Nation (MFN) status, the Chief Secretary, Mrs Anson Chan, said.
"Attaching Hong Kong related conditions will only bring uncertainty, which in turn will undermine confidence in Hong Kong," she added.
Speaking at the luncheon hosted by the Society of International Business Fellows today (Friday), Mrs Chan urged the United States to renew China's MFN status and take away the cloud hanging over Hong Kong's horizon.