SCIO briefing on the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region
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E-mail China.org.cn, July 4, 2020
Shen Chunyao:
The Standing Committee of the National People's Congress (NPC) held its 19th and 20th sessions in mid- and late June successively, and adopted the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region. With the promulgation and implementation of this law, the important institutional arrangements for safeguarding national security in regard to the HKSAR have been shown completely, firstly through the decision of the NPC and then by the law adopted by the NPC Standing Committee. The newly-adopted law consists of 66 articles forming six chapters. These are Chapter I General Principles, Chapter II The Duties and the Government Bodies of the Hong Kong Special Administrative Region for Safeguarding National Security, Chapter III Offences and Penalties, Chapter IV Jurisdiction, Applicable Law and Procedure, Chapter V Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region, and Chapter VI Supplementary Provisions.
This is a comprehensive law displaying three types of legal norms, namely, substantive law, procedural law and organic law, that are fully reflected in the various provisions. The text of the law has been promulgated. Let me provide you with a brief summary of the contents. Firstly, the law clearly defines that the Central People's Government has an overarching responsibility for national security affairs relating to the HKSAR, and it is the duty of the latter under the Constitution of the People's Republic of China to safeguard national security. Second, it clearly defines the important principle of the rule of law to which Hong Kong should adhere so as to safeguard national security. Third, it clearly defines the duties and functions of governmental entities in Hong Kong for safeguarding national security. Fourth, it clearly defines the four categories of offences endangering national security that must be prevented, suppressed and punished, including activities promoting secession, subversion, terrorist activities and collusion with a foreign country or with external elements to endanger national security. It also sets out corresponding penalties in every regard. Fifth, it clearly defines the jurisdiction over cases, applicable law and related procedural matters. Sixth, it clearly defines that an office for safeguarding national security of the Central People's Government in the Hong Kong Special Administrative Region is to be established, and the office is to be known as the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region. It also defines the circumstances in which this office and relevant national authorities will act to exercise jurisdiction over a case concerning any offence deemed to endanger national security, and the procedures to be followed.
In short, we believe that, with strong leadership and effective measures undertaken by the central authorities and with the extensive support of people across the country, including our Hong Kong compatriots, the promulgation and implementation of this law will effectively safeguard the national security in the HKSAR and ensure the steady implementation of the policy of "one country, two systems" there.
That's all I would like to introduce at this stage.
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