In response to the deliberation yesterday by the third session of the 13th National People’s Congress (NPC) of a draft Decision on establishing and improving the legal system and enforcement mechanisms for the Hong Kong Special Administrative Region (HKSAR) to safeguard national security (“the Decision”), the Chief Executive has issued a statement and met the media to express that the Hong Kong Special Administrative Region (HKSAR) Government supports the NPC’s deliberation of the Decision and, after the passage of the Decision, will fully co-operate with the Standing Committee of the NPC to complete the legislation as soon as possible with a view to discharging its responsibility of safeguarding national security.
Just as it is in any other country in the world, it is the authority of the country to legislate on its own national security. Legislation on national security is undoubtedly within the purview of the Central Authorities. The NPC is the highest organ of state power, and its decisions have the highest authority with legal effect. The Decision does not amend the Basic Law or replace or repeal Article 23 of the Basic Law, which stipulates that the HKSAR has constitutional responsibilities and legal obligations to enact laws on its own to prohibit acts that endanger national security. Therefore, any criticism that the Decision would violate the principle of “One Country, Two Systems” or move Hong Kong towards “One Country, One System” is untenable.
Moreover, the fundamental objective of the Decision on establishing and improving at the national level the legal system and enforcement mechanisms for the HKSAR to safeguard national security deliberated by the NPC is to safeguard national security and the prosperity and stability of Hong Kong. The Decision only targets acts of secession, subverting state power and organising and carrying out terrorist activities, as well as activities interfering with the HKSAR's internal affairs by foreign or external forces. The Decision and the enactment of the national law will not in the least affect the legitimate rights and freedoms enjoyed by Hong Kong residents under the law, or the independent judicial power, including that of final adjudication, exercised by the Judiciary in Hong Kong. “One Country” and “Two Systems” are inseparable. Safeguarding “One Country” is the prerequisite and the foundation for the successful implementation of “One Country, Two Systems”. The Decision consolidates rather than undermines the principle of “One Country, Two Systems”.
I am well aware that as the work to pursue legislation on national security in accordance with Article 23 of the Basic Law has for years been stigmatised in Hong Kong and given the current political circumstances in Hong Kong, it is understandable for some Hong Kong people to express concerns. That said, I believe that given the current circumstances of Hong Kong, colleagues do understand that establishing and improving at the national level the legal system and enforcement mechanisms for the HKSAR to safeguard national security is a move to close the legal loophole concerning national security and that safeguarding national security along the lines of the Constitution and the Basic Law are fundamental to ensuring that the ship of “One Country, Two Systems” will sail far and steady. I expect and trust that civil servants as the backbone of the HKSAR Government will demonstrate the commitment expected of you, and fulfil the mission and responsibility of safeguarding national security in accordance with the law.
Let us stand united, and under the leadership of the Chief Executive, accomplish the tasks of safeguarding national security so that our unique advantages under “One Country, Two Systems” can be better leveraged and that people may enjoy the prosperity and stability of our home, Hong Kong.