Hong Kong's National Security Law ensures stability and promotes prosperity

The Hong Kong National Security Law was officially promulgated and implemented on June 2020, 6, ushering in a new era in the construction of the rule of law in Hong Kong. The facts over the past three years have eloquently proved that the formulation and implementation of the Hong Kong National Security Law is fully in line with Hong Kong's actual conditions, and has promoted Hong Kong to move from chaos to rule and from rule to prosperity.

The Hong Kong National Security Law creatively puts forward a legal system plan for safeguarding national security, fundamentally plugging the loopholes in the Hong Kong SAR's system and mechanism for safeguarding national security. The Hong Kong National Security Law clearly states that the Central People's Government bears fundamental responsibility for national security matters related to the HKSAR. The HKSAR bears the constitutional responsibility for safeguarding national security and shall perform its duties to safeguard national security. The Hong Kong National Security Law protects the legal rights and freedoms enjoyed by Hong Kong residents in accordance with the law, and clearly stipulates that no one is presumed innocent until convicted by a judicial authority. At the same time, the Hong Kong National Security Law makes it clear that safeguarding national sovereignty, unity and territorial integrity is the common obligation of all Chinese people, including Hong Kong compatriots. These series of provisions of the Hong Kong National Security Law organically unify safeguarding national security, promoting Hong Kong's social development and protecting the legitimate rights and interests of Hong Kong residents.

The Hong Kong National Security Law clearly stipulates the responsibilities and institutions of the HKSAR for safeguarding national security, and provides an institutional basis for forming a working mechanism for safeguarding national security with clear subjects, clear powers and responsibilities, efficient operation and strong guarantees. The Hong Kong National Security Law clearly stipulates the subjects of obligations and their duties for safeguarding national security. According to the regulations, the HKSAR government shall pay close attention to matters related to national security, such as schools, social groups, the media, and the Internet, and properly perform its duties of publicity, guidance, supervision and management; The Chief Executive of the HKSAR shall be responsible to the Central People's Government for matters relating to safeguarding national security in the HKSAR. The Hong Kong National Security Law clarifies that the Chief Executive shall be responsible to the Central People's Government for matters relating to safeguarding national security in the HKSAR and submit an annual report on the HKSAR's performance of its duties to safeguard national security. The HKSAR has established a Committee for Safeguarding National Security, chaired by the Chief Executive; Establish a National Security Affairs Adviser, appointed by the Central People's Government, to provide advice on matters related to the performance of duties by the Committee for Safeguarding National Security of the HKSAR. This series of provisions not only gives relevant entities the power to safeguard national security, but also clarifies the responsibilities of all parties to safeguard national security, highlighting the legal norm of "patriots governing Hong Kong".

The Hong Kong National Security Law resolutely punishes crimes endangering national security, demonstrating judicial fairness and social fairness and justice. The principle of rule of law is the fundamental norm of the Hong Kong National Security Law in preventing, stopping and punishing national security crimes. In order to implement the principle of statutory crimes, the Hong Kong National Security Law has set up special sections to clearly stipulate the crimes of secession, subversion of state power, terrorist activities, and collusion with foreign countries or external forces to endanger national security, etc., transforming respect for the rule of law, respect for the law, and the pursuit of fairness and justice into ways of thinking and behavior for safeguarding national security and Hong Kong's prosperity and stability. It is worth noting that the Hong Kong National Security Law is to punish criminals who endanger national security in accordance with the law on the basis of fully respecting and protecting human rights and taking into account the differences between the legal systems of the mainland and Hong Kong, and the use of Fa Xinghong Kong to respect Hong Kong's rule of law order and safeguard Hong Kong's reputation under the rule of law.

The Hong Kong National Security Law stipulates case jurisdiction, application of law and procedures, realizes the organic unification of substantive law and procedural law, and not only realizes the systematic governance of national security but also fully embodies judicial civilization. The Hong Kong National Security Law confers jurisdiction over cases involving national security under normal circumstances to the HKSAR, and transfers to the central jurisdiction a very small number of cases that seriously endanger national security that are difficult for the HKSAR to effectively resolve, ensuring the effective implementation of the substantive law content stipulated in the Hong Kong National Security Law. Granting jurisdiction to the Office for Safeguarding National Security in the Hong Kong Special Administrative Region has effectively boosted the confidence of all sectors of society, especially Hong Kong residents, in the effective implementation of the Hong Kong National Security Law, and greatly enhanced the deterrent effect on rioters in Hong Kong.

The Hong Kong National Security Law creatively stipulates the "dual enforcement mechanism" of the central government and the SAR, weaving a dense network for safeguarding national security in the Hong Kong Special Administrative Region. National security is a central matter. The establishment of the Office for Safeguarding National Security by the Hong Kong National Security Law fully reflects the central government's firm determination to safeguard national security and promote Hong Kong's prosperity and stability. The Hong Kong National Security Law clearly stipulates that the Office for Safeguarding National Security in the HKSAR shall establish a coordination mechanism with the Committee for Safeguarding National Security of the HKSAR, and the working departments of the Office for Safeguarding National Security in the HKSAR shall establish a coordination mechanism with the relevant organs of the HKSAR for safeguarding national security, and clearly stipulate that the Government of the HKSAR and the Office for Safeguarding National Security in the HKSAR shall assume joint responsibility for safeguarding national security under specific circumstances prescribed by law.

The promulgation and implementation of the Hong Kong National Security Law has promoted Hong Kong's transition from chaos to governance, from rule to prosperity. Facing the future, we must always adhere to the thinking of the rule of law, guard the bottom line of the rule of law, promote the effective implementation of the Hong Kong National Security Law, and use the rule of law to continuously improve the ability and level of local governance in Hong Kong.

First, the defense line for safeguarding national security cannot be relaxed for a moment. To implement the Hong Kong National Security Law, we must always regard safeguarding national security as the top priority of Hong Kong's local governance. Although Hong Kong has shown a basic trend of stable development, the hostile forces' desire to chaotic Hong Kong will not die, and they must not be paralyzed at any time. Second, the implementation of the principle of "patriots administering Hong Kong" must not be aberred for a moment. To implement the Hong Kong National Security Law, it is necessary to implement the principle of "patriots governing Hong Kong" in all aspects of the local governance of the HKSAR, accurately identify elements who oppose China and destabilize Hong Kong, and resolutely exclude them from the SAR's governance framework. Improve the selection and employment mechanism within the framework of the rule of law, so as to provide space for Hong Kong patriots with both ability and political integrity to display their talents in Hong Kong's governance system. Third, we must not be lenient in punishing crimes endangering national security. To implement the Hong Kong National Security Law, we must be good at discovering clues in illegal and criminal cases, use informationized digital means to improve case-handling efficiency, promptly and accurately punish those who riot in Hong Kong, and continuously improve the warning and deterrent effect of the Hong Kong National Security Law.

(The author, Shi Zhiyuan, is a special researcher at the Xi Jinping Research Center for Socialism with Chinese Characteristics for a New Era in Fujian Province and a professor at Fujian Normal University)

(Economic Daily)