On May 28, the Third Session of the 13th National People's Congress voted to pass the decision of the National People's Congress on the establishment and improvement of the legal system and enforcement mechanism of the Hong Kong Special Administrative Region to safeguard national security. Hong Kong and the international community pay close attention to this institutional arrangement. Why should relevant legislation be carried out at the national level? Will it affect Hong Kong's high degree of autonomy? In response to these questions, the National People's Congress and relevant departments have recently responded.
1. Why should relevant legislation be carried out at the national level?
At present, the activities of hostile forces inside and outside Hong Kong have caused a real danger to our security. In particular, the "revision storm" that occurred last year further highlights the risks of Hong Kong in maintaining national security.
Due to the strong obstruction and interference by the anti-China chaotic Hong Kong forces and external hostile forces, Article 23 legislation of the Hong Kong Basic Law has not been completed. At the same time, some relevant provisions of Hong Kong's current laws that could have been used to maintain national security have been in a "sleep" state for a long time. Hong Kong also has obvious shortcomings and shortcomings in the establishment of institutions, the deployment of power, and the allocation of law enforcement power to maintain national security.
National security cannot always be in an "undefended" state, and we will not watch as hostile forces inside and outside use Hong Kong to unscrupulously conduct activities to split the country, subvert state power, organize terrorist activities, and intervene in Hong Kong affairs. . In this case, it is an inevitable choice for the central government to enact relevant legislation at the national level, and there is no other choice.
2. What is the relationship with the legislation of Article 23 of the Hong Kong Basic Law?
Article 23 of the Basic Law of Hong Kong stipulates that Hong Kong shall legislate to prohibit seven types of acts that endanger national security. However, since the return of Hong Kong more than 20 years ago, due to the strong obstruction and interference of the anti-China chaotic Hong Kong forces and external hostile forces, Article 23 legislation has not been completed. Under the current situation in Hong Kong, it is necessary to establish and improve the legal system and enforcement mechanism of the Hong Kong Special Administrative Region to safeguard national security at the national level.
This institutional arrangement did not modify the Basic Law, nor did it replace or abolish the provisions of Article 23 of the Basic Law. The Hong Kong Special Administrative Region still has the responsibility to complete the legislative provisions of Article 23 of the Basic Law as soon as possible. Any legislation that safeguards national security and its implementation must not contradict the decisions of the National People's Congress.
3. What are the basic principles of this legislation?
One is to resolutely safeguard national security. The second is to uphold and improve the "one country, two systems" system. The third is to insist on governing Hong Kong according to law. The fourth is to resolutely oppose foreign interference. Fifth, we must effectively protect the legitimate rights and interests of Hong Kong residents.
4. What approach will be taken?
After careful research and communication with relevant parties, it was proposed to adopt the "decision + legislation" method, which was promoted in two steps.
In the first step, the National People's Congress made a decision on the establishment and improvement of the legal system and enforcement mechanism of the Hong Kong Special Administrative Region to maintain national security in accordance with the Constitution and the relevant provisions of the Hong Kong Basic Law, made certain basic provisions on relevant issues, and authorized the Standing Committee of the National People's Congress Formulate relevant laws on the establishment and improvement of the legal system and enforcement mechanism of the Hong Kong Special Administrative Region to safeguard national security.
In the second step, the Standing Committee of the National People's Congress, in accordance with the authorization of the Constitution, the Basic Law of Hong Kong and the relevant decisions of the National People's Congress, combined with the specific circumstances of the Hong Kong Special Administrative Region, formulated relevant laws and decided to include the relevant laws in Annex III of the Hong Kong Basic Law, which will be announced locally Implementation.
5. Will it affect the rights and freedom of Hong Kong residents?
Since the reunification, the rights and freedoms enjoyed by Hong Kong residents have been fully guaranteed in accordance with the law, and they have enjoyed wider rights and freedoms than during the Hong Kong-UK period. But any rights and freedoms are not absolute, and must be exercised within the scope prescribed by law. Maintaining national security is an important prerequisite and foundation for protecting human rights and protecting the rights and freedoms of Hong Kong residents.
"Hong Kong independence", "black violence" and "scramble" will not be eliminated in one day, and Hong Kong will be restless in one day. The "Decision" authorizes the Standing Committee of the National People's Congress to formulate relevant laws, targeting only a few people who seriously endanger national security, and not the majority of ordinary citizens who abide by the laws and regulations. Rights and freedoms.
6. Will it erode Hong Kong's high degree of autonomy?
National security legislation belongs to the central authority. The decision of the National People's Congress is to fulfill the powers and responsibilities of safeguarding national security in accordance with the provisions of the Constitution and the Basic Law of Hong Kong.
This institutional arrangement will effectively maintain the national security of the Hong Kong Special Administrative Region, effectively consolidate and expand the legal, political, and social foundations of "one country, two systems", and will not affect Hong Kong's high degree of autonomy.
7. Does it violate the "one country, two systems" policy?
Maintaining national security is the core of "one country, two systems". "One country, two systems" is a complete concept. "One country" is a prerequisite for the implementation of "two systems". "Two systems" are subordinate and derived from "one country" and unified within "one country". Without national security, there will be no long-term peace and stability of the country and the long-term prosperity and stability of Hong Kong, and "one country, two systems" will lose the foundation upon which it depends. This system arrangement not only does not have the problem of violating the "one country, two systems" principle, but also firmly upholds "one country, two systems" and ensures that "one country, two systems" moves in the right direction.
8. Will it increase the instability of Hong Kong society?
One of the important reasons for the serious social turmoil caused by the "revisions" is that Hong Kong has serious legal loopholes and shortcomings in the maintenance of national security. This is something that the Hong Kong community has already realized deeply after paying the painful price. Only by safeguarding national security and consolidating the foundation of "one country, two systems" can the fundamental interests and well-being of the people of Hong Kong be guaranteed, Hong Kong can have long-term stability, and Hong Kong society can be stable and harmonious.
9. Will the Standing Committee of the National People's Congress seek Hong Kong people's opinions during legislation?
When formulating relevant laws, the Standing Committee of the National People's Congress will consult the people of all walks of life in Hong Kong in an appropriate manner, as well as the Hong Kong Basic Law Committee of the Standing Committee of the National People's Congress and the Government of the Hong Kong Special Administrative Region.