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
Guangming Daily:
As we know, the law is called the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, and it not only covers the Hong Kong Special Administrative Region (HKSAR). How do you interpret safeguarding national security in the HKSAR? Thank you.
Shen Chunyao:
The key words are safeguarding national security in the HKSAR. Let us take a minute to look back over progress that has been made. According to the Decision at the fourth plenary session of the 19th Central Committee of the Communist Party of China (CPC) last year, efforts must be made to establish and improve the legal system and enforcement mechanisms for the special administrative regions to safeguard national security. Later, efforts were focused on the HKSAR — because we another special administrative region. The third session of the 13th National People's Congress (NPC) this year decided, at the national level, to establish and improve the legal system and enforcement mechanisms for the HKSAR to safeguard national security. As you said, the Law of the People's Republic of China on Safeguarding National Security in the HKSAR includes, but is not limited to, the HKSAR. So, we can interpret safeguarding national security in the HKSAR from the following three levels:
First, the HKSAR should safeguard national security in accordance with the law. It has been made clear in the Decision at the national people's congress and the newly adopted law that the HKSAR should fulfill its constitutional duty. The HKSAR's administrative, legislative and judicial bodies should fulfill their duties in safeguarding national security in accordance with this law and other related laws and regulations. The HKSAR is extremely important and assumes major responsibilities.
Second, national security should be safeguarded in the HKSAR. As Mr. Zhang said, the central government will set up an office, called the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region. Several existing offices of the central government in Hong Kong are also, to some extent, related to safeguarding national security. As such, the second interpretation is that it is regional, but is not limited to safeguarding national security in the HKSAR.
Third, the Central People's Government has an overarching responsibility for national security affairs relating to the HKSAR. What is the overarching responsibility? It is the top responsibility, the ultimate responsibility, and the overall responsibility. This level contains more meaning than the previous two - the HKSAR itself should safeguard national security and safeguarding national security in the HKSAR. The central government is in Beijing and it has overarching responsibility for national security affairs related to the HKSAR. As such, we should understand the law in a broader sense. All six chapters in the law have clear stipulations. The second chapter specifies the HKSAR's duties and institutions of safeguarding national security, while the fifth chapter specifies the institutions of the Central People's Government in the HKSAR for safeguarding national security . So overall, the law has a broad significance.
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