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
Guo Weimin:
Now it's time for questions. Please indicate the news organization you represent before raising a question. Let's begin.
CCTV:
It took the NPC Standing Committee just one month to complete legislation for the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region and to add it into Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China. Please introduce the legislative procedures of the law. And, did you listen to and seek opinions from the HKSAR during this process?
Shen Chunyao:
It was indeed quite unusual for the NPC and itsstanding committee to issue the Decision of the National People's Congress on Establishing and Improving the Legal System and Enforcement Mechanisms for Safeguarding National Security in the Hong Kong Special Administrative Region and the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region successively, like you said, in just over a month. Several factors have played very important roles in this process.
First, there had been widespread demand for legislation. When explaining the draft decision at the third session of the 13th NPC, Vice Chairman of the NPC Standing Committee Wang Chen stated that after the promulgation of the decision, the NPC Standing Committee would actively advance related legislative procedures toward plugging the institutional loopholes in safeguarding national security in the HKSAR, enhancing law enforcement agencies, enforcement mechanisms and law enforcement capabilities for safeguarding national security in the HKSAR, and ensuring the effective implementation of relevant laws in the HKSAR. You might remember that, more than a month ago, when the "two sessions" took place this year, NPC deputies, members of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) and all sectors of society called for speeding up relevant legislation. The department in charge of legal affairs at the NPC Standing Committee had received many similar demands from different sectors before and after that period. The NPC Standing Committee's work report, delivered by Standing Committee Chairman Li Zhanshu and approved at the third session of the 13th NPC, made clear requirements for this year's legislative work, including expediting relevant legislative process. So for some time, people from all walks of life across the nation, including in the HKSAR, had expressed the same demand and wish. This broad social consensus and legislative demand was the first important factor.
Second, we laid a solid foundation for completing the task. Taking two steps - making the decision and making the law - to advance work concerning the legal system and enforcement mechanisms for safeguarding national security in the HKSAR was a holistic and systematic approach. The NPC was simultaneously studying the drafting of the relevant law while taking the first step to make the decision. The relevant documents of the third session of the 13th NPC demonstrate the close relationship between the making the decision and making the law. In the explanation to the draft decision at the third session of the 13th NPC, there were clear overall requirements for conducting the task, which included adhering to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implementing the spirit of the 19th CPC National Congress and the second, third and fourth plenary sessions of the 19th CPC Central Committee, and upholding and improving the system of "one country, two systems", as well as the five important principles that should be carefully adhered to and understood in conducting the task. The decision is made up of seven articles. These basic points in the new institutional arrangements had been fully reflected during the NPC session. The second step, making the law, was the inevitable requirement, key link and important component for implementing the NPC's relevant decision. In other words, it was a step to fully implement, fully embody and carry out the spirit and requirements of the third session of the 13th NPC in law. So, when laying the foundation for completing the task, we were considering the second step while taking the first.
The central government and relevant departments organized competent personnel and legal experts, including those very familiar with the laws of Hong Kong, to form a team focusing on completing the text of the draft law in a short time. This was the result of collective wisdom and efforts. Several time points in the process are worth mentioning. Before the formulation of the draft, we listened to and sought opinions. After the draft was formulated, we also listened to opinions through various methods and channels by presenting the draft text. During the deliberation of the NPC Standing Committee, we also listened to opinions through various methods and channels, including the leadership of the central leading group on Hong Kong and Macao work, competent departments, and the legal affairs organs of the NPC, and the Liaison Office of the Central People's Government in the HKSAR. In Beijing, Shenzhen and Hong Kong, before and after the formulation of the text of the draft law and during the deliberation of the NPC Standing Committee, we all listened to opinions from various groups, especially those from the HKSAR, including the chief executive, other relevant top officials, the president of the Legislative Council, representatives of the pro-establishment camp, NPC deputies from the HKSAR, members of the CPPCC National Committee from the HKSAR and some provincial-level CPPCC members from the region, the legal profession, and other sectors of society, including people from economic, education and business circles. This was a very important feature in the deliberation and formulation of the draft law.
Third, the NPC Standing Committee placed great emphasis on the important legislative agenda of the law on safeguarding national security in the HKSAR. The NPC plenary session and the NPC Standing Committee adjusted their work arrangements according to the regulations of the Legislation Law, so as to accelerate the legislation process. Generally speaking, a draft might become a law after being deliberated one, two or three times, depending on specific cases, by the NPC Standing Committee. According to Article 30 of the Legislation Law, a draft can be submitted for voting after two deliberations if there is a broad consensus. The law on safeguarding national security in the HKSAR was adopted after two deliberations at the 19th and 20th sessions of the 13th NPC Standing Committee.
In general, after the first deliberation, a draft law will be released on the official website of the NPC to solicit public opinions. However, according to Article 37 of the Legislation Law, it can also be withheld from public view on the decision of the meeting of the Council of Chairpersons of the NPC Standing Committee. As the national security legislation for Hong Kong was considered very special and sensitive, the meeting of the Council of Chairpersons, after taking all aspects into consideration, decided not to release the full text of the draft law for public response. Instead, it was decided to listen to and solicit opinions from all relevant subjects, especially those in Hong Kong, through various channels and means. Opinions were also solicited from dozens of central and state organs, relevant provinces, autonomous regions and municipalities, as well as cities with districts in the vicinity of Hong Kong and Macao. Moreover, opinions from experts and scholars were closely studied. During the deliberation process, opinions from all walks of life, including those from members of the NPC Standing Committee, were also closely studied. Therefore, this law gathered a broad consensus, reflecting the spirit of the CPC Central Committee, as well as the common will and aspirations of the Chinese people including our Hong Kong compatriots. The law was drawn up in full compliance with the legislative procedures of China.
There was one more job after the adoption of the law, which I mentioned just now, that is, the newly-adopted law should be added to Annex III of the HKSAR Basic Law. This was based on the stipulations and requirements of the NPC decision and the HKSAR Basic Law. It involved a very important procedure: The NPC Standing Committee, before adopting a decision to add the law to Annex III of the HKSAR Basic Law, should consult its HKSAR Basic Law Committee and the HKSAR government. This was also a very important channel to solicit the opinions of a wide range of Hong Kong society including its government. The process was completed before June 30, in a short period of time, though. Therefore, the legislation and relevant decisions of the NPC Standing Committee were strictly in line with the legal procedures of China.
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