Provide system guarantee for the stability of "One Country, Two Systems"
Hong Kong's National Security Law is a beacon for the development of "One Country, Two Systems"
Ma Huaide, President of the Administrative Law Research Society of the Chinese Law Society
The promulgation and implementation of Hong Kong’s National Security Law not only successfully blocked the loopholes in the system that affected Hong Kong’s national security, but also provided a clear legal basis for Hong Kong’s maintenance of national security. It also provided a solid law for the long-term prosperity and stability of Hong Kong and the stability of the “One Country, Two Systems” cause. Guarantee. It can be said that the National Security Law of Hong Kong is the guarantee for the long-term prosperity and stability of Hong Kong and the beacon of the development of the "one country, two systems" cause.
The formulation and implementation of the Hong Kong National Security Law is a fundamental strategy for Hong Kong to maintain national security. Since the return of Hong Kong, illegal and criminal acts that split the country, subvert the state’s power, organize terrorist activities, and collude with foreign or foreign forces to endanger national security have occurred. Especially since last year’s “revision storm”, anti-Chinese and illegal chaotic activities in Hong Kong It has intensified and seriously endangered national security, seriously undermined the security and stability of Hong Kong, and damaged the legitimate rights and interests of Hong Kong citizens. It is precisely because of the long-term lack of Hong Kong's legal system for maintaining national security that it is not capable of punishing illegal and criminal acts that endanger national security. Hong Kong has returned to the right path after ending the chaos. We must face the problem squarely and find a cure. The Third Session of the 13th National People’s Congress authorized the Standing Committee of the National People’s Congress to formulate Hong Kong’s National Security Law. It is an important institutional arrangement made to adapt to the new situation and needs and adhere to and improve the “one country, two systems” system. The legal basis is the root cause of Hong Kong's national security.
The formulation and implementation of the Hong Kong National Security Law is a pragmatic move to maintain Hong Kong’s long-term prosperity and stability. I believe that the promulgation and implementation of this law will effectively punish all kinds of illegal and criminal acts that endanger Hong Kong's national security, create a safer, stable and harmonious social environment for Hong Kong, better develop Hong Kong's economy, improve Hong Kong's livelihood, and serve as a long-term Prosperity and stability provide solid legal protection.
The enactment and implementation of the Hong Kong National Security Law is a proper law to protect Hong Kong residents from living and working in peace. For some time, Hong Kong residents have suffered a lot from the continued violence of some "Hong Kong chaotic elements", the work order has been disrupted, and the living environment has been destroyed. I believe that the enactment and implementation of this law can effectively prevent, stop and punish crimes that endanger national security, better guarantee the safety of life and property of Hong Kong law-abiding residents and the freedom of basic rights, help Hong Kong restore order as soon as possible, achieve better development, and effectively guarantee Hong Kong Residents’ legal rights. It should be noted that Hong Kong’s National Security Law only punishes a handful of criminals who endanger national security. The legitimate rights and interests enjoyed by Hong Kong residents in accordance with the law will not be restricted and affected, but will be better protected.
The formulation and implementation of Hong Kong’s National Security Law is an important step towards a stable and long-term "one country, two systems." National security is a fundamental interest that cannot be ignored by any sovereign country. The formulation and implementation of the Hong Kong National Security Law will effectively safeguard national security, effectively promote the "one country, two systems" cause in the right direction, and fully demonstrate the superiority of the "one country, two systems" system.
Form the joint force of the law enforcement system
Tian Feilong, Associate Professor, School of Law, Beijing University of Aeronautics and Astronautics
The Hong Kong National Security Law is a key step in the construction of the "one country, two systems" system. Hong Kong’s National Security Law is directly published and implemented by listing in Annex III of the Basic Law, effectively filling the loopholes in Hong Kong’s national security system, and precisely regulating the four types of crimes that seriously endanger national security in the Hong Kong Special Administrative Region, namely, splitting the country, subverting state power, organizing terrorist activities and colluding with foreign countries Or criminal acts and activities of foreign forces that endanger national security.
The promulgation of Hong Kong’s National Security Law is not only legitimate and necessary, but also targeted and normative. It effectively maintains the overall system security of “One Country, Two Systems”. Its normativeness, precise regulation and its prominent rule of law significance are:
First, legislation should be made on the acts and activities that endanger national security in Hong Kong, hitting the pain points of local forces and external intervention forces that endanger national security in Hong Kong;
Secondly, by setting up law enforcement agencies on the ground, mastering the leading power of national security law enforcement, and supervising, guiding and integrating Hong Kong’s law enforcement forces and enforcement mechanisms to form a strict national security law network;
Third, focusing on adapting to Hong Kong’s local executive bodies, the judicial system, and human rights standards is a systematic attempt to combine central governance with a high degree of autonomy;
Fourth, countering illegal long-arm jurisdiction over Hong Kong in the form of national legislation can effectively combat the forces of separation and consolidate the social and political foundation for the patriots to rule Hong Kong;
Fifth, to provide authoritative legal weapons for every law-abiding citizen in Hong Kong, and to start a legal legal and political struggle with the gangster forces;
Sixth, fundamentally stop the threat of Hong Kong's "color revolution", maintain the security of the "one country, two systems" system by legal means and the long-term stability of Hong Kong as an international financial center, strengthen the confidence of the global investors and law-abiding citizens in the rule of law, and further enhance China's rule of law Modernization and internationalization lay a solid foundation for national security and public order.
In short, the Hong Kong National Security Law is the country’s autonomous legislation and protective legislation in the field of national security that belongs to the scope of central authority. Taking the maintenance of Hong Kong’s national security as the basic starting point, it precisely regulates the four criminal acts that endanger national security in Hong Kong, and establishes a sound Institutions and enforcement mechanisms to maintain national security, thereby forming a joint force for the implementation of laws. This law is a model of the organic integration of central governance and Hong Kong's autonomy under the framework of "one country, two systems". It is a high-quality rational legislation that fully reflects and connects with the existing human rights standards and the rule of law in Hong Kong. It is a comprehensive rule of law and modernization of state governance. Important institutional progress. Under the protection of the system of Hong Kong’s National Security Law, Hong Kong will surely see a turnaround in governance from chaotic return, and the “one country, two systems” will also consolidate its foundation and achieve stability.
Respect and protect the rights and freedoms of Hong Kong residents
Qi Yanping, Vice Chairman and Secretary General of the Jurisprudence Research Society of the Chinese Law Society
The Hong Kong National Security Law is not only a ballast stone for safeguarding Hong Kong’s national security, but also a peace of mind for safeguarding the basic human rights of Hong Kong residents. The National Security Law of Hong Kong is a law to safeguard national security and a law to protect the rights and freedoms of Hong Kong residents. Regarding this, I should be the main one, take the initiative to speak out, and publicize it positively.
First, safeguarding national unity and security and guaranteeing social stability are the basis for Hong Kong residents to fully enjoy all rights and freedoms. The maintenance of peace and security and the protection of human rights are the basic purposes recognized by the UN Charter. Judging from the practice in the past few years, Hong Kong chaotic elements trampled on the rule of law without any scruples, and the protection of the rights and freedoms of Hong Kong residents simply cannot be discussed. In particular, since the "revision incident", the thugs have madly smashed and burned, arbitrarily destroyed public and private property, coerced Hong Kong citizens to strike and strike, and even some terrorist acts have appeared. In this environment, the rights of life and health of Hong Kong residents , The right to property, the right to work, the right to education, etc. have all been seriously violated. The principle of "punishing the minority and protecting the majority" embodied in Hong Kong's National Security Law is to protect the human rights of the vast majority of Hong Kong residents by punishing crimes related to the Hong Kong SAR that endanger national security.
Second, respect and protection of human rights as the basic principles of legislation throughout Hong Kong’s National Security Law. The National Security Law of Hong Kong clearly requires that the Hong Kong Special Administrative Region shall respect and protect human rights in safeguarding national security. According to law, Hong Kong residents shall enjoy freedom of speech, press, and publication, association, assembly, march, Rights and freedoms including freedom of demonstration. At the same time, in the procedural regulations for preventing, suppressing and punishing crimes that endanger national security, a series of internationally accepted human rights protection requirements are implemented, including the principles of legal punishment, never-suspected crime, right to defense, and one-for-one penalty.
Third, Hong Kong’s National Security Law delimits the legal and illegal borders to better protect the rights and freedoms of Hong Kong residents. The enjoyment of human rights is not unlimited. This is both the basic principle of international human rights conventions and the common practice of all countries. For example, the International Covenant on Civil and Political Rights stipulates that the right to freedom of expression may be restricted according to law by guaranteeing national security or public order. Any claim that advocates war, national, racial, or religious hatred constitutes incitement to discrimination, hostility, or rape. It is prohibited by law; the right to freedom of assembly and freedom of association can also be restricted according to law for reasons such as maintaining national security, public peace, and public order. I believe that no country will allow its citizens to exercise the above rights and freedoms at the expense of national security. The prevention, suppression, and punishment of the crimes of secession, subversion of state power, crimes of terrorist activities, and crimes of collusion with foreign or foreign forces endangering national security will provide a solid legal foundation for the full enjoyment of the rights and freedoms of Hong Kong residents.
Weave a strict legal network to maintain national security
Chen Zexian, Executive Vice President of China Criminal Law Research Association
The Hong Kong National Security Law is a comprehensive basic law that includes criminal entities, procedures, and laws and regulations of relevant national institutions. The general principles of the "legal principle of crime and punishment" and the provisions of Chapter III "crimes and penalties" constitute the law. Core entity content.
The National Security Law of Hong Kong includes the statutory principles of crime and punishment in the General Provisions, and expressly stipulates that “the acts after the implementation of this law shall be punished by this statutory crime”, demonstrating that the law abides by the internationally recognized principles of the rule of law.
Chapter III of the National Security Law of Hong Kong clearly stipulates the specific composition and criminal responsibilities of four types of crimes, including the crime of separatism, the crime of subverting the state power, the crime of terrorist activities, and the crime of colluding foreign or foreign forces to endanger national security. The law fully considers the practical needs and specific situations of the Hong Kong Special Administrative Region to maintain national security, and strives to solve the outstanding problems and legal loopholes in the Hong Kong Special Administrative Region in maintaining national security. In recent years, various illegal and criminal activities such as "Hong Kong independence", separatism, and violent terrorist activities in the Hong Kong Special Administrative Region have seriously endangered the sovereignty, unity, and territorial integrity of the country. A very small number of anti-chaotic Hong Kong elements colluded with foreign and foreign forces inside and outside To use Hong Kong to engage in illegal and criminal activities that endanger our country’s national security. Therefore, these four types of crimes against national security are selected to be clearly stipulated, and combined with the actual situation of maintaining national security in the Hong Kong Special Administrative Region, specific and detailed regulations are made for various specific crimes. It should be particularly pointed out that the crime of terrorism infringes a variety of legal interests, and its criminal objects are complex objects, including national security, public safety, social order, citizens’ personal and property rights, etc. Since last year, a handful of anti-chaotic Hong Kong elements have carried out a series of violent terrorist activities, attempting to intimidate the Central People’s Government and the Hong Kong Special Administrative Region Government and intimidate the public in order to realize their political propositions and seriously infringe on multiple legal interests, including national security. Therefore, it is absolutely necessary to include terrorist crimes in the punishment scope of Hong Kong’s National Security Law.
The National Security Law of Hong Kong stipulates a number of different penalties for the above four types of crimes according to the degree of harm of various specific crimes, which fully embodies the principle of adaptation of crime and punishment and the criminal policy of leniency and strictness.
After the promulgation and implementation of the National Security Law of Hong Kong, the Hong Kong Special Administrative Region should still complete as early as possible the legislation on the maintenance of national security provided by the Hong Kong Basic Law, prohibit any acts of treason, split the country, incite insurgency, subvert the Central People’s Government and steal state secrets, and prohibit foreign political organizations Or groups conducting political activities in the Hong Kong Special Administrative Region, prohibiting political organizations or groups in the Hong Kong Special Administrative Region from linking up with foreign political organizations or groups in Hong Kong. This is the duty of the Hong Kong Special Administrative Region to maintain national security. On this basis, efforts should be made to properly handle the connection, compatibility and complementarity between the Hong Kong National Security Law and the relevant laws of the country and the local laws of the Hong Kong Special Administrative Region, in order to weave a strict legal network to more effectively prevent, stop and punish any illegal laws that endanger national security criminal activities.
Promote popularization of laws and safeguard national security
Pan Jianfeng, Dean of Peking University Law School
"One country, two systems" is my country's basic national policy. The central government has always stressed the need to comprehensively and accurately implement the "one country, two systems", "Hong Kong people ruling Hong Kong", and a high degree of autonomy. It strictly follows the Constitution and the Basic Law, and supports the SAR government and the Chief Executive to govern according to law.
The formulation and implementation of Hong Kong’s National Security Law is precisely to ensure the stability of “One Country, Two Systems” and maintain Hong Kong’s long-term prosperity and stability. It is an inevitable choice for safeguarding my country’s sovereignty, national security, and development interests. It is also an inevitable requirement for upholding the basic national policy of “One Country, Two Systems.”
From ancient to modern times, at home and abroad, the maintenance of national security has always been the central authority, and the central government bears the fundamental and ultimate responsibility and obligation. As a local administrative region, the Hong Kong SAR’s ability and means to maintain national security are limited in some respects, especially when it involves foreign or foreign forces involved in endangering national security, Hong Kong is even weaker.
Therefore, the formulation and implementation of the Hong Kong National Security Law will effectively solve the legal loopholes, system deficiencies and work "shortcomings" in the Hong Kong Special Administrative Region in safeguarding national security, effectively combat related criminal acts and activities, effectively safeguard national security, and maintain Hong Kong. The prosperity and stability of the Special Administrative Region and the protection of the lawful rights and interests of residents of the Hong Kong Special Administrative Region are of great significance.
The life of the law lies in its implementation. As for how to implement the Hong Kong National Security Law, I have the following suggestions:
First, the maintenance of national security should follow the basic principles of the rule of law. The implementation of Hong Kong’s National Security Law should adhere to the basic principles of respect and protection of human rights as stipulated in the Chinese Constitution. While fighting crimes in accordance with the law, the rights and freedoms enjoyed by Hong Kong residents under the Basic Law and relevant international conventions should be protected in accordance with the law.
Second, we should focus on the convergence and coordination of the old and new systems, the legal systems of the mainland and Hong Kong. We should focus on solving as soon as possible the convergence and coordination of Hong Kong’s national security law and the current criminal law in Hong Kong and the legal rank and effectiveness of the relevant criminal legal system in the Mainland, so that Hong Kong’s national security law and the current Mainland criminal law, Hong Kong Regional criminal laws are interconnected, and relevant systems for maintaining national security can be effectively coordinated.
Third, for criminal cases involving national security that occurred in Hong Kong and handled by the central government, implementation plans should be issued as soon as possible in the specific arrangements for case hearings.
We should organize and promote the national legal system and knowledge of the basic content of Hong Kong’s National Security Law, the consequences of violations of laws, and even the maintenance of national security in a timely manner while the law is in force and implemented nationwide, especially in the Guangdong-Hong Kong-Macao Greater Bay Area. Popularize work.
Lawyers should be defenders of Hong Kong’s National Security Law
Wang Junfeng, Vice President of China Law Society and President of All China Lawyers Association
The National Security Law of Hong Kong fills in the legal loopholes of the Hong Kong Special Administrative Region in safeguarding national security. It effectively prevents, suppresses and punishes acts and activities that endanger national security, safeguards the legitimate rights and interests of Hong Kong residents, upholds and improves the “one country, two systems” system, and maintains Hong Kong. Long-term prosperity and stability have significant and far-reaching milestones.
Article 5 of the Hong Kong National Security Law clearly stipulates that to prevent, stop and punish crimes that endanger national security, the principle of the rule of law should be adhered to. If it is stipulated by the law as a criminal act, it shall be convicted and sentenced in accordance with the law; This fully demonstrates the value of the rule of law and the spirit of the rule of law in Hong Kong’s National Security Law, and the lawyers firmly support and fully agree with it.
As an important force in governing the country according to law, lawyers will be fully integrated into the great practice of safeguarding the implementation of Hong Kong’s national security law to ensure that this important law is implemented in place.
Strengthen learning and be an active propagator of Hong Kong's National Security Law. The National Law Association and local law associations will carry out interpretation and publicity work on the Hong Kong National Security Law in the lawyer industry through seminars, seminars, special reports, etc., and make it clear that the Central Government has full legitimacy for Hong Kong’s national security legislation And rationality, and clearly explain the necessity and importance of Hong Kong’s National Security Law to ensure the stability of Hong Kong’s “one country, two systems” cause, as well as the essence and essence of Hong Kong’s National Security Law as Hong Kong’s basic legal system for safeguarding national security. At the same time, it will lead the majority of lawyers to actively participate in the popularization of law in Hong Kong's National Security Law, enhance the national awareness of national security, and firmly establish an overall national security concept.
Improve your position and be a firm defender of Hong Kong's National Security Law. Once the National Security Law of Hong Kong comes into force, it has undoubted national authority and legal coercive power. The majority of lawyers will consciously safeguard the authority of Hong Kong’s National Security Law through practical actions, be brave in fighting against any act that jeopardizes national security, and strive to promote the translation of the legal provisions of Hong Kong’s National Security Law into a realistic order, and truly exert Hong Kong’s National Security Law in safeguarding national sovereignty, An important role in security, development interests, and the maintenance of Hong Kong’s long-term prosperity and stability.
Take the initiative to be a loyal practitioner of Hong Kong's National Security Law. We will organize and mobilize a large number of lawyers to actively participate in the construction of laws and regulations that are compatible with Hong Kong’s national security laws, and provide professional countermeasures and suggestions for the establishment and improvement of the legal system and enforcement mechanism for the maintenance of national security in the special administrative region; actively participate in special legal services related to Hong Kong’s national security laws, Help the parties realize and protect their legal rights; actively participate in the theoretical research related to Hong Kong's national security law, and provide strong legal support for the accurate implementation of Hong Kong's national security law. We will also continue to promote professional exchanges and cooperation between the mainland and the Hong Kong lawyer community to jointly create a good environment for the accurate implementation of Hong Kong's National Security Law.
The promulgation and implementation of the National Security Law of Hong Kong conforms to the general trend, and the time is right, which has won popular support. The majority of lawyers will give full play to their professional advantages and functional roles and make due contributions to the full implementation of the Hong Kong National Security Law.
Ensure Hong Kong's National Security Law is fully and effectively implemented
Han Dayuan, President of the Constitutional Research Society of the Chinese Law Society
After the promulgation of the National Security Law of Hong Kong, the key is to fully implement it, so that the basic spirit and specific provisions of this law are truly implemented, and provide a solid legal guarantee for the maintenance of national security.
The Hong Kong National Security Law provides a strong legal guarantee for upholding and improving the "one country, two systems" system, maintaining the constitutional order of the special administrative region jointly established by the Constitution and the Basic Law, and maintaining Hong Kong's long-term prosperity and stability. This Law provides comprehensive and systematic provisions on the legal system and enforcement mechanism for the maintenance of national security in the Special Administrative Region from the actual needs of safeguarding national sovereignty and security and the specific circumstances of Hong Kong, and clarifies the relationship between "one country" and "two systems". "One country" is the root, and the roots can only grow in depth. "One country" is the root, and the roots can be glorious. To maintain the prerequisite status of "one country" in the Constitution and the Basic Law, it is necessary to organically combine the maintenance of the central government's overall governance of the Hong Kong Special Administrative Region and the protection of the high degree of autonomy of the Special Administrative Region, and strengthen the central government's power to supervise the Hong Kong Special Administrative Region.
After being listed in Annex III of the Basic Law, Hong Kong’s National Security Law has a higher legal status than Hong Kong’s local laws. As clearly stated in the Supplementary Provisions of the National Security Law of Hong Kong, the local laws of the Hong Kong Special Administrative Region are inconsistent with this Law, the provisions of this Law shall apply.
In terms of the legislative system, Hong Kong’s National Security Law has conducted useful explorations, clarified the central and special zones’ main responsibility for maintaining national security, and established two systems of central and special zones to maintain national security institutions and law enforcement systems. At the same time, starting from the actual needs and reality of maintaining national security, this law innovates the legislative style, integrates the substantive law, procedural law and organizational law norms into one body, and constructs a new style that includes substantive, procedural and organizational law. Therefore, after the law comes into effect, it is necessary for the front-line law enforcement departments to conduct in-depth exploration and improve the mechanism in practice; relevant departments need to innovate legal theory and rule-of-law thinking, and timely develop corresponding supporting law enforcement guidelines for law enforcement departments and prosecution departments in law enforcement. Used in practical work.
Maintaining national security should respect and guarantee human rights, and human rights protection is based on national security, and there is no conflict between the two. In the implementation of this law, it is necessary to clarify the relationship between the two, eliminate the concerns of Hong Kong residents, and let Hong Kong residents realize that national security is related to everyone's vital interests, and realize that everyone is responsible for maintaining national security.
The Hong Kong National Security Law provides for the protection of the basic rights and freedoms enjoyed by Hong Kong residents under the Basic Law. Respecting and protecting human rights and balancing freedom and order are the core concepts of Hong Kong’s National Security Law. For example, this law clearly stipulates the modern rule of law principles such as legal punishment for crimes, presumption of innocence, adaptation of guilt and responsibility, non-retrospectiveness and past.
The implementation of this law requires a broad social consensus, and the special administrative region needs to seriously fulfill the main responsibility of national security education. Article 10 of this Law specifically requires the Special Zone to carry out national security education to raise the national security awareness and law-abiding awareness of the residents of the Special Zone. The SAR Government should incorporate national security education into the SAR education system and use this as an opportunity to change the shortcomings of the lack of patriotic love for Hong Kong national education that has existed in SAR education for a long time. It is necessary to strengthen the education and training of teachers in the Special Security Law of the Special Zone, establish an education system that is compatible with the "one country, two systems" system, and safeguard the sovereignty and voice of national sovereignty in the field of education.