China News Service, Hong Kong, March 9 (Reporter Liu Dawei) The Hong Kong Special Administrative Region's "National Security Bill" was gazetted on the 8th and submitted to the Legislative Council for first and second reading.
Many Hong Kong legal professionals and think tank experts said in interviews with reporters from China News Service that the bill reflects the concerns of all sectors of society, is precise, rigorous and organized, can protect the legitimate rights and interests of Hong Kong residents and other people, and deserves the support of the general public.
"There are two major highlights in this bill." Fang Zhou, research director of the Hong Kong "One Country, Two Systems" Research Center, analyzed. First, the draft makes detailed supplements to matters related to safeguarding national security that are not mentioned in the Hong Kong National Security Law. It also gave a clear explanation; secondly, the introduction of the draft also allowed Hong Kong society to see that Hong Kong's constitutional responsibility for safeguarding national security is expected to be completed in the short term.
"I believe that after the legislation is enacted, it will be complementary and compatible with Hong Kong's national security law and fill the last shortcoming in Hong Kong's legal system for safeguarding national security."
After the bill was promulgated, it immediately triggered discussions from all walks of life.
The most discussed issue is the sentencing and definition of specific crimes.
Gu Minkang, director of the National Security and Legal Education Research Center of the Education University of Hong Kong, told reporters that overall, the provisions of the bill are easy to understand and the wording is standardized. It also reflects the legislative characteristics of Hong Kong’s common law system and the definition of relevant crimes. Very detailed.
Gu Minkang said that as a criminal law, the Regulations on the Maintenance of National Security must not only form legal constraints on illegal activities, but also reflect public interests and national interests, and must not affect citizens' legitimate rights and freedoms.
Therefore, the SAR government has clearly defined relevant concepts and crimes in this draft bill, such as the definition of crimes related to "state secrets", in order to find a balance between safeguarding national security and protecting the basic rights and interests of citizens.
Fu Jianci, director of the National Association for Hong Kong and Macao Studies and vice president of the Hong Kong Basic Law Education Association, also holds the same opinion.
He said that the draft provisions are clear, well-organized, consistent with legislative principles and purposes, can effectively prevent, stop and punish behaviors and activities that endanger national security, and protect the legitimate rights and interests of citizens. The sentencing standards for several major new crimes are also Appropriate leniency and tightness are not only in line with the spirit of the rule of law, but also in line with international standards and practices, and are punitive, deterrent and preventive.
"The sentencing in the bill is an appropriate punishment based on the seriousness of the case, the means of committing the crime, the degree of harm and related circumstances, and is in line with the rule of law and the spirit of humanity." Fu Jianci said that this highlights the progress of the bill with the times. It is consistent with the actual situation in Hong Kong.
Citizens can exercise their legal rights and freedoms in accordance with the law as long as they do not violate legal red lines.
Ark observed that compared with the public consultation document, the draft regulations submitted this time have also been improved based on the suggestions made during the public consultation period. For example, the draft defines "state secrets" and adds "public interest" as a specification for disclosure of "state secrets". secret” defense.
Fang Zhou believes that this shows that when formulating the bill, the SAR government fully respects and takes seriously the opinions put forward by all parties and reflects social concerns.
Gu Minkang said frankly that in fact, Hong Kong society has been discussing the legislation of Article 23 of the Hong Kong Basic Law for more than 26 years.
It can be seen from the opinions received during the public consultation that Hong Kong society has reached a consensus that completing the legislation as soon as possible is the expectation of all sectors of society.
Gu Minkang added that after the Legislative Council conducted the first and second reading procedures for the bill, the special bill committee immediately held a meeting that afternoon to review the provisions of the bill item by item. The relevant meetings continued until the 10th.
"This also shows that members of the Legislative Council hope to consider the legislation more rigorously and carefully, while meeting the expectations of all sectors of society and reflecting efficiency, while formulating a legislation that is responsible to citizens." (End)