(Interview between the two sessions) Scholar Han Dayuan interprets the draft decision of the National People's Congress on Hong Kong: addressing practical issues and focusing on the long-term interests of national security
China News Service, Beijing, May 23 (Reporter Yang Zhe) Han Dayuan, director of the "One Country, Two Systems" Law Institute of Renmin University of China and a member of the Hong Kong Basic Law Committee of the National People's Congress Standing Committee, said on the 23rd that the NPC deliberated The Decision of the National People's Congress on the Establishment and Improvement of the Legal System and Enforcement Mechanism for the Maintenance of National Security in the Hong Kong Special Administrative Region (Draft) is constitutional, legal and reasonable. consider.
Han Dayuan pointed out that national security is the core interest of every sovereign country, and it is also the foundation of the existence of "one country" and the premise of "one country, two systems." Without "one country" security, the so-called "two systems" cannot be discussed. As a result of the implementation of "one country, two systems", the Hong Kong Special Administrative Region was authorized to complete national security legislation on its own when it returned, demonstrating the country's high level of trust and respect for the SAR. However, due to various reasons, the Hong Kong SAR has not yet fulfilled the constitutional responsibility for maintaining national security under Article 23 of the Basic Law. As a result, Hong Kong has become a major gap and risk point for national security, and has become an "undefended" area in national security Through the constitutional procedure, the state establishes and improves the legal system and enforcement mechanism for safeguarding national security at the national level, and fulfills the responsibilities and obligations entrusted by the Constitution to the National People's Congress to safeguard national security.
He introduced that the procedures and contents of the NPC's review of the draft decision are in line with the Constitution and the Basic Law, and are constitutional, legal, and reasonable. According to the Constitution, the National People ’s Congress is the highest organ of state power and has the power to establish special administrative regions and decide on the system to be implemented in the special administrative regions. This includes the establishment and improvement of relevant systems. If the relevant legal system is missing, the National People's Congress should establish the relevant legal system needed to maintain national security as soon as possible in accordance with the law to plug the loopholes in Hong Kong's national security laws.
Regarding the content of the draft decision, Han Dayuan pointed out that seven of the provisions are targeted, including provisions on principles and specific issues; there are provisions for perfecting the legal system and arrangements for the new system under the rule of law; There are countermeasures that face problems in reality and considerations of the long-term interests of national security. The draft clearly states that the purpose of the legislation is to “effectively prevent, stop and punish acts and activities that endanger national security”, and clearly states that “the country firmly opposes any foreign and foreign forces to interfere in the affairs of the Hong Kong Special Administrative Region in any way”, which reflects the defense of the country The firm will of sovereignty.
Han Dayuan also emphasized that the draft decision specifically mentions the improvement of the legal system and the establishment of the enforcement mechanism, which helps to resolutely punish acts and activities that jeopardize national security by legal means, and explore and enrich the basic law implementation mechanism within the framework of the Constitution and the Basic Law. Play an important role in maintaining national security. It can also be seen from the draft provisions that, under the authorization of the National People ’s Congress, the Standing Committee of the National People ’s Congress formulates relevant laws to prevent and punish acts and activities that endanger national security, and only targets the very few criminals suspected of endangering national security, which helps maintain The rule of law in the SAR protects the rights and freedoms of Hong Kong citizens. (Finish)