National security legislation to consolidate “one country, two systems” foundation
Deputies to the 13th National People’s Congress (NPC)
approved the NPC Decision on Establishing and Improving the Legal System and
Enforcement Mechanisms for the Hong Kong Special Administrative Region (HKSAR)
to Safeguard National Security at the closing meeting of the NPC annual session
on May 28.
By plugging the loopholes in the legal system on
safeguarding national security in the HKSAR, the NPC Decision can ensure sound
and sustained implementation of “one country, two systems”.
The adoption of the Decision reflects central government’s
strong willpower and determination in safeguarding national security, as well
as maximum sincerity to care for and protect the interests of the HKSAR and the
well-being of Hong Kong compatriots. It is of significant and far-reaching influences.
National security is a basic prerequisite for the survival
and development of a country, and it is related to the country’s core
interests. Since the return of Hong Kong to the motherland, China has been
firmly implementing the principles of “one country, two systems,” “the people
of Hong Kong governing Hong Kong,” and a high degree of autonomy. The practice
of “one country, two systems” has achieved universally recognized success in
Hong Kong.
But the practice also encountered new circumstances and
problems, and is facing new risks and challenges. The increasingly notable
national security risks in the HKSAR have become a prominent problem.
Since the turbulence over proposed anti-extradition bill amendments
last June, China has seen increasingly rampant activities by “Hong Kong
independence” organizations and radical localists in Hong Kong, escalating
violence and terrorist activities as well as excessive foreign meddling in Hong
Kong affairs.
All this has gravely challenged the bottom line of the practice
of “one country, two systems”, trampled on rule of law, and put national sovereignty,
security, and development interests in serious jeopardy. Under such
circumstances, China must take effective measures to prevent, stop, and punish
the violations in accordance with law.
The rule of law is a basic principle of national governance.
Currently, various activities that endanger national security are intensifying
in Hong Kong, and an important reason is that there are obvious legal loopholes
and lack of enforcement mechanisms in safeguarding national security in Hong
Kong.
For example, national security legislation in Hong Kong stipulated
by the Article 23 of the HKSAR Basic Law has been stigmatized and demonized and
is yet to materialize until now, which marks a severe deficiency of the HKSAR in terms of maintaining national security.
It is urgent to prevent unscrupulous
violent criminal acts and stop various internal and
external forces from splitting, subverting, infiltrating, and destroying
the country. If such activities continue and measures to maintain national
security remain incomplete, the interests and well-being of the vast majority of
Hong Kong citizens will be kidnapped, and the future of Hong Kong and "one
country, two systems" may be ruined.
The central government of a country has the greatest and
ultimate responsibility to safeguard the country’s national security. Legislation
on national security is undoubtedly within the purview of the central
authorities.
Article 23 of the Basic Law of the HKSAR stipulates that the
HKSAR shall enact laws on its own to prohibit seven types
of acts that endanger national security.
This is a special arrangement under “one country, two
systems”, and it does not affect the central government’s continued
construction of a legal system and enforcement mechanism to maintain national
security and improve relevant legislation and enforcement systems according to
actual conditions and needs.
When national security is threatened and seriously damaged
in Hong Kong and when the HKSAR government fails to complete its own
legislation on national security, the NPC, as the highest organ
of state power, is totally entitled and required to make relevant decisions
in accordance with the powers granted by the Constitution, and authorize its Standing
Committee to punish acts such as splitting the country, subverting state power,
and organizing and carrying out terrorist activities, as well as interfering in
the affairs of the HKSAR by external forces.
Without a harmonious and stable environment, how can people
live in peace and enjoy their work?
The NPC legislation does not target the ordinary Hong Kong
residents but a tiny number of people suspected of endangering national
security.
The law-based freedom of assembly, freedom of speech and
freedom of the press enjoyed by Hong Kong residents will not be disturbed, and
their legal rights and freedoms will be better protected in a safe environment
of Hong Kong.
As facts have indicated, when a national security loophole
is wide open, the entire society will pay a painful price. Only with a solid
foundation of national security and a stable overall social situation can the basic
rights and freedoms be better protected, deep-rooted contradictions in the
economy and people’s livelihood be solved, and the institutional advantages of
“one country, two systems” be fully exploited to gain more development room for
Hong Kong.
Safeguarding national security is at the core of the “one
country, two systems” principle. “One country" is the premise and basis
for the implementation of the “two systems” and the “two systems” is
subordinated and derived from the “one country” and unified within it.
The most important requirement of “one country” is to
safeguard national sovereignty, unity, and territorial integrity. It should be
pointed out that the HKSAR still has the constitutional responsibility and
legal obligation to maintain national security in accordance with Article 23 of
the HKSAR Basic Law, and the special administrative region must complete the
national security legislation stipulated in Article 23 of the Basic Law at an
earlier date. Any legislation to safeguard national security and its
implementation must not conflict with the NPC Decision.
A flourishing country and people living in peace and harmony
is the most basic and universal aspiration of the people and safeguarding
national security has the deepest and broadest foundation of public opinion.
A prosperous and stable Hong Kong meets the expectations of
all parties. We believe that with effectively guaranteed national security,
Hong Kong will surely become better, and continue to write a new chapter of
economic prosperity and happiness for the citizens and make unique and
important contributions to the great rejuvenation of the Chinese nation.
National security legislation to consolidate “one country, two systems” foundation
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