HK draft law reviewed by legislature
Print Edition
China’s top legislature reviewed a draft law on safeguarding national security in the Hong Kong Special Administrative Region of the People’s Republic of China.
The draft law was submitted for deliberation at the 19th session of the Standing Committee of the 13th National People’s Congress from Thursday to Saturday last week. It states that the Central People’s Government shall establish an office of safeguarding national security in Hong Kong.
The office is obligated to analyze and appraise national security situation in Hong Kong, and provide comments and suggestions for major strategies and policies in this regard. It is required to supervise, guide, coordinate with and support Hong Kong in performing its duties on safeguarding national security.
The office shall also collect and analyze intelligence information concerning national security, and deal with criminal cases concerning national security in accordance with the law.
The office and related organs of the central authorities may exercise jurisdiction over a tiny number of criminal cases that jeopardize national security under specific circumstances, an official with the Legislative Affairs Commission of the NPC Standing Committee said.
The draft makes stipulations on what constitutes four categories of crimes that threaten national security and their corresponding penalties, including secession, subversion of state power, terrorist activities, and collusion with foreign or external forces to endanger national security.
It requires Hong Kong to establish a commission of safeguarding national security which shall be supervised by and accountable to the Central People’s Government. The Hong Kong commission of safeguarding national security shall be chaired by the chief executive and establish the post of the national security adviser, who shall be appointed by the Central People’s Government, it says.
Establishing and improving at the national level the legal system and enforcement mechanisms for Hong Kong to safeguard national security is a major measure to uphold and improve the system of “one country, two systems,” said Li Zhanshu, chairman of the NPC Standing Committee, at the closing meeting of the session.
It is also a fundamental solution to maintain long-term prosperity and stability in Hong Kong and ensure the steady and sustained development of the cause of “one country, two systems,” Li said.
The Central People’s Government shoulders the fundamental responsibility for national security affairs related to Hong Kong, while Hong Kong bears the constitutional responsibility of safeguarding national security and shall fulfill its obligations, according to the draft.
The executive organs, legislature and judiciary of Hong Kong shall, in accordance with relevant laws, effectively prevent, stop and punish acts and activities that endanger national security.
Any institution, organization, or individual in Hong Kong shall abide by this law and other Hong Kong laws on safeguarding national security, and shall not engage in any activity that jeopardizes national security.
Any Hong Kong resident standing for election or taking up any position of public office shall sign documents to confirm or swear to uphold the Hong Kong Basic Law and pledge allegiance to the special administrative region, it says.
In safeguarding national security, Hong Kong shall uphold the principle of the rule of law, according to which Hong Kong shall respect and protect human rights, and anyone shall be presumed innocent until convicted by the judicial organs, according to the draft law.
The provisions of this law shall prevail when local laws of Hong Kong are inconsistent with this law, the draft says, adding the power of interpretation of this law shall be vested in the NPC Standing Committee.
The Hong Kong government will fully support the enactment of national security legislation and fulfill its duty to ensure the implementation of the relevant law in Hong Kong, Chief Executive Carrie Lam said on Saturday.
Taking into consideration the practical situation in Hong Kong, the enactment at the state level of the legislation to safeguard national security in Hong Kong is a significant decision by the central authorities at a critical moment to enhance the “one country, two systems” institutional system, thus ensuring the long-term prosperity and stability of Hong Kong, Lam said.
The Hong Kong government notes with appreciation that the relevant parties had seriously studied the views reflected by Hong Kong government, considered the actual situation of Hong Kong and enhanced the draft legislation through multiple reviews under the spirit of absorbing opinions as much as possible, Lam said.
Lam added the Hong Kong government agrees that Hong Kong should establish a commission for safeguarding national security to be chaired by the chief executive, and will set up dedicated units in the Hong Kong Police Force and the Department of Justice which will shoulder the major responsibilities in implementing the relevant enforcement work.
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