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Monday, June 01, 2020, 11:34
Now is the time to introduce national security legislation
By Chow Pak-chin
Monday, June 01, 2020, 11:34 By Chow Pak-chin

Once again, Hong Kong is under the international spotlight after China’s top legislative body, the National People’s Congress, passed a decision authorizing its Standing Committee to enact a national security law for Hong Kong.

Most Hong Kong people, who value the city’s long-term stability and prosperity, have applauded the move by Beijing, arguing it will be good for the overall security of the city and the motherland.

The new law — expected to be enacted in a few months — is intended to prevent, stop, and punish acts in Hong Kong which threaten national security. It aims to shut out secessionist and subversive activity, as well as foreign interference and terrorism.

Now is an important time to introduce this legislation. Hong Kong has been facing increasingly violent anti-government protests. Some demonstrators have been deploying terrorist tactics since last June. Although the new law does not cover exactly the same things as the national security laws prescribed by Article 23 of the Basic Law, it is a suitable stopgap as it can be introduced without having to face filibustering in the Legislative Council.

Hong Kong urgently needs this legal measure to safeguard national security as the threat of violence continues to escalate. Since the “Occupy Central” protests took place in Hong Kong in 2014, the city has continued to fall into a downward, lawless spiral.

More and more Hong Kong people are waking up to the reality that the only way to put a stop to further violence is through legal and legislative measures. Without social and political stability, any discussion about long-term prosperity for the city is just empty talk.

Most countries and regions need, and indeed have, national security laws, so Hong Kong certainly isn’t going to be an exception. For example, the United States has nearly 20 pieces of such legislation including the Homeland Security Act of 2002, which was introduced in the aftermath of the 9/11 attacks in 2001. The American National Security Act of 1947 was a catalyst for the major restructuring of the US government’s military and intelligence agencies following World War II. It is one of the oldest national security laws in the world. 

The United Kingdom, France, and Australia, like most Western countries, also have their own versions.

Wang Chen, vice-chairman of the NPC Standing Committee, in introducing the motion to the National People’s Congress, explained that since its return to China 23 years ago, Hong Kong has failed to fulfill its constitutional responsibilities under the principle of ‘’one country, two systems’’ to safeguard the country’s national security.

With notable and mounting national security risks in the city since last June, it is obvious these security problems are eroding the city’s rule of law and threatening the security of the nation.

As the Hong Kong government is unable to enact laws under Article 23 of the Basic Law in the current political environment, this NPC initiative is the only alternative.

Hong Kong will have to enact Article 23 to cover acts that are not covered by the NPC legislation and to satisfy its constitutional obligations under the Basic Law. 

Article 23 will have a more comprehensive coverage, as it will prohibit acts in the seven categories of treason, secession, sedition, subversion against the central government, or theft of state secrets, as well as foreign political organizations or bodies conducting political activities in the city, or political organizations or bodies of Hong Kong establishing ties with foreign political organizations or bodies.

The new Hong Kong national security law will be made possible under Article 18 of the Basic Law, which allows national laws to be applied in Hong Kong if they are listed in Annex III of the Basic Law. This mechanism covers laws related to defense, foreign affairs, or “other matters outside the limits” of the city’s autonomy.

The proposed law can be promulgated and take effect automatically without having to go through the local legislature. One other thing that needs to be done is for Hong Kong’s leaders to back this new law by launching promotional and education programs to ensure they have the full support of as many Hong Kong people as possible.

The critics who claim the new law will prohibit freedom of speech are conflating their arguments and an illegitimate call for Hong Kong independence. Calls for secession of Hong Kong from China do not fall within the realm of free speech. This means these critics must take extra care not to confuse people and invite dissent or fear into the minds of the public.

Let’s look at the example of Macao. After enacting its national security law in 2009, its people are still enjoying their rights and freedoms like before; no foreign investors have pulled out of the city.

The proposed law will only target a small group of people who threaten Hong Kong’s stability and China’s national security. The opposition claims that the law is “high-handed” and “undemocratic” because the process will bypass the Legislative Council. However, matters concerning national security are always national and not local matters. It is a common international practice for such legislative and enforcement powers to rest with central or federal governments. 

If Hawaii, for example, needs to be covered by new national security laws, these undoubtedly will be promulgated by the federal government in Washington.

We can’t afford to delay anymore and leave a huge loophole for the opposition to exploit to compromise the security of Hong Kong and the rest of the country through illegal means.

The NPC’s move has demonstrated the unshakable determination of the Central People’s Government. It has been clearly supported by the 3,000 attending delegates who responded with resounding applause in the Great Hall of the People in Beijing.

The think tank, Wisdom Hong Kong, has compiled a report studying and comparing overseas examples to see how various nations have implemented their national security laws. It is time for the opposition to be jolted out of their fantasy world. They need to be reminded, once and for all, of these simple facts: Hong Kong is an inalienable part of China. No freedom is absolute; national interest is supreme; and anyone who attempts to compromise China’s national security does so at his or her peril. 

The author is president of Wisdom Hong Kong, a think tank. 

The views do not necessarily reflect those of China Daily. 


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