China News Service, January 30 (Xinhua) According to a comprehensive report, the Chief Executive of the Hong Kong Special Administrative Region, Lee Ka-chiu, said on the morning of the 30th that the SAR government will launch a public consultation on the legislation of Article 23 of the Basic Law today until February 28, and will go to the Legislative Council in the afternoon to give a detailed introduction. The Secretary for Justice of the Hong Kong SAR, Mr Lam Ting-kwok, SC, and the Secretary for Security, Mr Tang Bing-keung, also attended the relevant press conference.
Article 23 of the Hong Kong Basic Law clearly stipulates that the Hong Kong Special Administrative Region shall legislate on its own to prohibit any act of treason, secession, sedition, subversion of the Central People's Government and theft of state secrets, and prohibit foreign political organizations or groups from conducting political activities in the Hong Kong Special Administrative Region. , prohibiting political organizations or groups in the Hong Kong Special Administrative Region from establishing ties with foreign political organizations or groups.
Li Jiachao said that the SAR government today (30th) launched a public consultation on the legislation of Article 23 of the Basic Law. Picture source: Hong Kong "Dian News" photo by Mak Junjie
Article 23 legislation “must be done” and “do it as soon as possible”
Li Jiachao said that the legislation of Article 23 of the Basic Law must be done "must be done" and "do it as soon as possible".
He mentioned that this is the constitutional responsibility of the SAR. Society has experienced the Hong Kong version of the "color revolution" in 2019. Everyone understands the importance of national security and understands that national security risks are serious, real and sudden. Coupled with the increasingly complex geopolitics, the SAR government must repair this shortcoming as soon as possible. As the saying goes, "The earlier you start, the less risk you will have."
Li Jiachao pointed out that this legislative proposal adopts the following principles: first, the highest principle of the "one country, two systems" policy is to safeguard national sovereignty, security, and development interests; second, respect and protect human rights, and protect civil and political rights in accordance with the Basic Law in accordance with the law. The International Covenant on Economic, Social and Cultural Rights applies to the relevant provisions of the Hong Kong Special Administrative Region, including the rights and freedoms of speech, press, publication, association, assembly, procession and demonstration; thirdly, for acts endangering national security and activities should be based on the principle of the rule of law and adhere to active prevention and legal punishment.
Hong Kong will enact a new "National Security Ordinance"
Regarding the legislative method, Li Jiachao said that the SAR government proposes to formulate a new "Maintenance of National Security Ordinance" to comprehensively respond to national security risks that may arise in the Hong Kong SAR now or in the future.
Li Jiachao said that the recommendations formulated by the SAR government this time are based on comprehensive consideration of Hong Kong's current laws, actual conditions and a large number of relevant foreign laws.
He mentioned that many countries have enacted a large number of laws to safeguard national security based on the national security risks and needs they face. In this legislative work, the SAR government will refer to and learn from the laws of other countries.
As for the content of the document, Li Jiachao said that in addition to constitutional responsibilities, legislative principles, and legislative methods, the relevant legislative proposals will include amending some existing laws and converting some common law crimes into statutory laws; and also recommending some new crimes. The document lists foreign laws. national security laws to help citizens make reference and comparisons. The document will also introduce the shortcomings and deficiencies of the current legal system and enforcement mechanisms.
Deng Bingqiang. Picture source: Hong Kong "Dian News" photo by Mak Junjie
The consultation document has 9 chapters in total
Deng Bingqiang introduced at the press conference that the consultation document has 9 chapters.
Chapters 1 and 2 briefly describe the constitutional responsibility of the Hong Kong SAR to safeguard national security, the national security risks faced by the Hong Kong SAR and the necessity of legislation, and explain the principles of legislation, factors to be considered and research methods. Chapters 3 to 7 are recommendations on crimes, covering five major categories of behaviors and activities that endanger national security. Most of the recommendations are to improve existing laws.
Chapter 6 involves activities such as "sabotage endangering national security". It is recommended to add legislation to the Ordinance on endangering national security through computers or electronic systems, and introduce a new crime based on the existing "dishonest use of computers".
Chapter Seven recommends the establishment of a "crime of foreign interference", prohibiting anyone from cooperating with foreign forces to interfere in national or special zone affairs, and prohibiting anyone from interfering in decisions of elections, legislation, judicial organs, etc. Chapter 8 recommends the establishment of extraterritorial effects for five major categories of crimes; Chapter 9 will point out the shortcomings in handling national security cases, such as the police requiring a long processing time to handle complex national security cases, and invite the public to provide opinions.
Lam Ting-kwok, Secretary for Justice of the Hong Kong SAR. Image source: Photo by Lu Jiangqiu of Hong Kong Sing Tao Network
The legislative work must be completed as soon as possible. Law-abiding citizens need not worry.
Lin Dingguo said that the legislative work must be completed as soon as possible. This is a clearly stated legal responsibility and Hong Kong faces substantial national security risks. Article 3 of the Hong Kong National Security Law reiterates that Hong Kong has the responsibility to safeguard national security. In addition, administrative, legislative and judicial organs should effectively punish activities that endanger national security in accordance with the provisions of this law.
He emphasized that "law-abiding citizens need not worry about accidentally falling into the court of justice" and planned to list exceptions.
Li Jiachao said that there is a general consensus in society that the legislation of Article 23 should be completed as soon as possible. After the National Security Law in Hong Kong came into effect, Hong Kong has gained practical experience in national security work, and the courts have also gained experience in hearing national security cases. In addition, there are a large number of foreign legal provisions and implementation experience for reference, which are listed in the consultation documents, which are of great help to citizens in providing opinions.
Li Jiachao finally said that he hopes that the legislation of Article 23 can be completed as soon as possible, putting an end to this issue that has been haunting Hong Kong for 26 years, so that Hong Kong can concentrate on the economy and development as soon as possible, so that the citizens can share more economic dividends.