China News Agency, Beijing, June 27 (Reporter Yang Chengchen) Dean Jiao Hongchang of the Law School of China University of Political Science and Law said in an interview with a China News Agency reporter on the 27th that the speed of the central government’s promotion of Hong Kong’s national security legislation from the national level shows that the current solution to Hong Kong’s national security problem The urgency of Hong Kong reflects that Hong Kong’s national security legislation is what everyone wants.
He said that this law solves the legal loopholes, system deficiencies and "shortcomings" in the maintenance of national security in Hong Kong, and has formed a full network and full chain system for maintaining national security in Hong Kong. The behavior formed a great deterrent, effectively restrained external forces from interfering in China's internal affairs, effectively achieved the stability of Hong Kong's social order, and achieved long-term stability.
On May 28, 2020, the Third Session of the Thirteenth National People's Congress passed the decision on Hong Kong-related national security legislation. On June 18, the person in charge of the Legal Work Committee of the Standing Committee of the National People's Congress made a relevant draft explanation. At present, national security legislation is in the process of extensive consultation.
Jiao Hongchang said that through strict argumentation and procedures in accordance with the procedures in the legislative process, after the draft was drafted, the relevant parties sought the opinions of the Hong Kong SAR and relevant persons, fully considered the actual situation in Hong Kong, and carried out the draft law in the spirit of absorbing as much as possible. Repeated modification and improvement. This is a comprehensive law with substantive law, procedural law and organizational law.
He specifically pointed out that, first, this law establishes the basic responsibility of the central government for national security affairs and the responsibility of the Hong Kong Special Administrative Region in safeguarding national security in the form of laws, defines the boundaries of responsibility, and establishes maintenance on this basis National security agencies clearly stipulate the jurisdiction, application of laws and procedures of the central and special zones in cases involving national security issues, which helps agencies cooperate with each other and strike precisely.
Second, the draft law strictly limits the scope of application of national security-related laws, clearly stipulates four crimes and penalties that endanger national security, and clarifies the boundary between crime and non-crime.
Jiao Hongchang emphasized that, except for certain circumstances, the Hong Kong Special Administrative Region shall exercise jurisdiction over criminal cases provided for by this Law. This shows that the Hong Kong Special Administrative Region has jurisdiction over the vast majority of cases, and the government offices in Hong Kong and relevant national authorities exercise jurisdiction in a relatively small number of cases involving specific circumstances that endanger national security. Under the "special situation" here, the National Security Agency in Hong Kong made a shot to better maintain "Hong Kong people ruling Hong Kong".
He believes that the law drafting process emphasizes "one country", also takes into account the differences between the two places, and respects "two systems". The legislation fully takes into account the tradition of Hong Kong’s common law and the acceptability of the local society. The National Security Agency in Hong Kong will guide and supervise the SAR government to implement its responsibility for maintaining national security, and will maintain close communication with the SAR government to jointly cope with national security threats in Hong Kong.
In response to the current stigmatization of Hong Kong-related national security legislation, Jiao Hongchang responded that under the basic spirit and principle of "one country, two systems", a high degree of autonomy does not mean complete autonomy, and the central government enjoys full control over the special administrative region. According to the law, the establishment of the National Security Agency in Hong Kong and the exercise of jurisdiction over a very small number of crimes against national security under certain circumstances are all direct manifestations of the central government’s right to governance, which is reasonable and necessary. (Finish)