(Summary of the two sessions) Mainland scholars interpret the NPC ’s Hong Kong agenda: filling national security gaps to protect Hong Kong ’s vital interests
China News Agency, Beijing, May 22 (Reporter Yang Zhe and Zheng Qiao): The Decision of the National People's Congress on Establishing and Improving the Legal System and Implementation Mechanism of the Hong Kong Special Administrative Region to Maintain National Security (Draft) "A number of Mainland scholars explained in an interview with the China News Service that the relevant agenda is necessary and urgent, and is of great significance for filling national security gaps and protecting Hong Kong's vital interests.
Wang Yu, a professor at the Guangdong-Hong Kong-Macao Development Research Institute of Sun Yat-Sen University, pointed out that since the upheavals in Hong Kong, the anti-China chaos in Hong Kong blatantly advocated "Hong Kong independence" and engaged in activities that undermine national unification and impact on "one country, two systems." Endangering national sovereignty, security, and development interests also exposes loopholes in Hong Kong's legal level of safeguarding national security.
He believes that the decision made by the National People's Congress this time is aimed and necessary to meet the ever-changing challenges, consider national security as a whole, promote the improvement of relevant systems at the national level, and practice and consolidate the "one country, two systems" system. Some relevant provisions in Hong Kong ’s current laws that could have been used to maintain national security have been “sleeping” for a long time. In the future, local legislation is still necessary, and national security can be jointly guaranteed at different levels to form a perfect governance system.
Wang Yu emphasized that national security is the foundation of Hong Kong's development, and safeguarding national security is in the vital interests and well-being of Hong Kong people. To act decisively when Hong Kong exposes problems is a responsible performance of the central government, with a view to safeguarding Hong Kong's prosperity and stability, consolidating the foundation of "one country, two systems" and bringing Hong Kong's development back on track as soon as possible.
Zou Pingxue, director of the Hong Kong and Macao Basic Law Research Center of Shenzhen University, pointed out that the draft decision is in conformity with the Constitution and the Basic Law. As well as to make up for loopholes in national security laws.
He said that since the return of Hong Kong, the failure to complete the legislation of Article 23 of the Basic Law has been an important reason why "Hong Kong independence" and "black violence" seriously endangered Hong Kong's prosperity and stability. From a constitutional perspective, regardless of whether Hong Kong has completed local legislation or not, the Central Government has the responsibility to maintain national security and guarantee Hong Kong's prosperity and stability. It is imperative to establish and improve Hong Kong's legal system and enforcement mechanism for safeguarding national security. He also mentioned that this is not intended to replace Article 23 of the Basic Law. Hong Kong should also continue to create conditions to fulfill its own legislative obligations.
As for external concerns about whether Hong Kong residents ’freedom of assembly, news, and speech will be damaged as a result, Zou Pingxue pointed out that maintaining national security is an important prerequisite and basis for protecting human rights and protecting the rights and freedoms of Hong Kong residents. The relevant laws only target a very small number of people. The vast majority of ordinary citizens who endanger national security, not laws and regulations. I believe that the legal rights and freedoms of the general public will be better protected in a safe environment.
Tian Feilong, associate professor at the School of Law, Beijing University of Aeronautics and Astronautics, pointed out that since the return of Hong Kong, the legislation of Article 23 of the Basic Law has not been completed. Cases exposed completely. In order to make up for related legal loopholes, national legislation has obvious necessity, urgency and legitimacy.
He emphasized that national security belongs to the central authority. Central legislation does not affect the constitutional responsibility of the Hong Kong SAR to continue to complete Article 23 of the Basic Law. On the contrary, it provides the latter with a legislative model for supervision and promotion at the level of governing Hong Kong according to law, which will help the Hong Kong SAR Government and Hong Kong With the promotion and support of the central government, society continues to complete local legislation and improve the local legal system.
Tian Feilong said that the draft decision is only aimed at typical actions that endanger national security, and basically does not involve the existing freedom rights of ordinary people in Hong Kong. What really jeopardizes the freedom of Hong Kong people is the "black violence" that some people undermine the rule of law, harm peaceful and law-abiding citizens, and provoke subversion of the state. The draft decision clearly defines the legal boundaries of Hong Kong ’s freedom and rights, which will help reshape the rule of law in Hong Kong, protect the freedom rights of the vast majority of peaceful and law-abiding citizens, and maintain Hong Kong ’s prosperity and stability. (Finish)