HONG KONG - The Hong Kong Special Administrative Region (HKSAR) government and the Commissioner's Office of the Foreign Ministry in the HKSAR strongly objected to a British government report that alleged that a proposed national security law will be "in direct conflict" with Article 23 of the Basic Law.

In a press release issued early Friday, a HKSAR government spokesperson reacted to the Six-monthly Report on Hong Kong (July to December 2019) issued by the United Kingdom Foreign and Commonwealth Office by saying, "We firmly oppose and express deep regret over the Report's inaccurate and biased remarks on the national security law and the high degree of autonomy enjoyed by the HKSAR." 

We firmly oppose and express deep regret over the Report's inaccurate and biased remarks on the national security law and the high degree of autonomy enjoyed by the HKSAR.

HKSAR government

In the statement, the HKSAR government made it clear that in accordance with Article 23 of the Basic Law, though the HKSAR is authorized to enact national security laws, such an arrangement does not preclude central authorities from legislating at the state level for national security. "Legislating on national security is within the purview of the Central Authorities and is outside the limits of the autonomy of the HKSAR," the HKSAR government stressed in the statement. 

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In its statement, the HKSAR government also denounced the British suggestion that it had, along with mainland authorities, sought to characterize the protests as primarily socio-economic, rather than political, in nature and blamed had "foreign forces" for instigating the unrest.

"The emergence of incidents involving explosives and firearms has posed risks of terrorism, seriously jeopardising public safety. In addition, organisations advocating 'Hong Kong independence' and 'self-determination', allegedly supported by foreign or external forces, have incited protesters, especially young people, to challenge the authority of the Central Authorities and the HKSAR Government. These are the facts on the ground," reads the press statement.  

Citing Article 63 of the Basic Law that specifies that the "Department of Justice of the HKSAR shall control criminal prosecutions, free from any interference", the spokesman stressed in the statement that Hong Kong had a well-established and fair criminal judicial system.  

Citing Article 1 of the Basic Law, the spokesman pointed out that the HKSAR is an inalienable part of the People's Republic of China (PRC) and that Article 12 of the Basic Law stipulates that the HKSAR shall be a local administrative region of the PRC which shall enjoy a high degree of autonomy and "come directly under the Central People's Government (CPG)".

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"The national security law will neither undermine 'one country, two systems' nor change the executive, legislative and independent judicial power, including that of final adjudication, enjoyed by the HKSAR. There will be no impact on the various rights and freedoms enjoyed by Hong Kong people in accordance with the law," reads the statement. 

The spokesman iterated that foreign governments, legislatures and politicians should not interfere in any form in the internal affairs of the HKSAR.

Commissioner's office urges UK to stop meddling in HKSAR affairs

A spokesperson for the Commissioner's Office of the Foreign Ministry in the HKSAR expressed similar sentiment in a statement issued on Friday.

"Hong Kong is part of China, and has returned to China for nearly 23 years. Nonetheless, the UK continues to issue so-called 'six-monthly reports on Hong Kong', ignoring the fact and smacking of colonial nostalgia," the spokesperson said.

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The spokesperson condemned and firmly opposed such reports, which have interfered with Hong Kong affairs and China's internal affairs as a whole, and violated non-interference and other principles of international law and basic norms governing international relations.

The spokesperson pointed out that citing the Sino-British Joint Declaration to justify unwarranted remarks about Hong Kong affairs is a distortion of the fact. 

"The Sino-British Joint Declaration is an instrument between China and the UK on China's resumption of the exercise of sovereignty over Hong Kong and arrangements for the transitional period. In its eight paragraphs and three annexes, there is no single word or clause that grants the UK any responsibility for Hong Kong after the city's return. Since 1 July 1997, all rights and obligations concerning the UK in the instrument have been fulfilled, and the UK has no sovereignty, jurisdiction or the right of supervision over Hong Kong. No foreign country, including the UK, shall meddle with Hong Kong affairs, which are purely China's internal affairs, under the pretext of the Joint Declaration," the spokesperson said.

The spokesperson emphasized that the Chinese government is rock-firm in safeguarding national sovereignty, security and development interests, in implementing "one country, two systems", and in opposing any external interference in Hong Kong affairs

The spokesperson said that since the unrest following the proposed amendment bill last year, hostile forces in and out of Hong Kong have kept committing violence and openly advocated "Hong Kong independence" and "self-determination". 

"They have severely undermined the stability, prosperity and security of Hong Kong, threatened the red line of 'one country, two systems', jeopardized national security, and pushed Hong Kong to the brink. Unfortunately, the latest UK report has confounded right with wrong. It whitewashed the rioters who have applied the 'burn with us' mentality in defiance of humanity, and condoned 'Hong Kong independence' separatists on one hand, and smeared the Hong Kong police who have enforced the law with restraint and the central and the HKSAR governments defending law and order and the red line of 'one country, two systems' on the other hand, exposing double standards and a motive to mess up Hong Kong and China at large. It runs counter to the dominant will of Hong Kong people for restoring order and stability, to the UK's commitment to respecting China's sovereignty and 'one country, two systems', and to the interests of international stakeholders," the spokesperson said. 

The spokesperson said the allegation in the report that the national security legislation for the HKSAR would undermine "one country, two systems", the high degree of autonomy of Hong Kong and its people's freedoms and rights is groundless panic-mongering.

"It is widely recognized that matters concerning national security fall within the purview of the central authorities, and legislating on national security by the central government is a common practice internationally, including in the UK. Nearly 23 years after Hong Kong's return, legislation required by Article 23 is yet to materialize due to obstruction by forces sowing trouble in Hong Kong and China at large, leaving Hong Kong an unguarded city in national security, rare in the world. Therefore, it is imperative, legitimate and urgent for the central authorities to establish and improve a legal system and enforcement mechanisms at the state level for the HKSAR to safeguard national security," the spokesperson said. 

The spokesperson emphasized that the Chinese government is rock-firm in safeguarding national sovereignty, security and development interests, in implementing "one country, two systems", and in opposing any external interference in Hong Kong affairs.

"We urge the UK to step back from the brink, abide by international law and basic norms governing international relations, and stop impeding China's just effort to legislation on national security. Any interference that may undermine China's sovereignty and security and Hong Kong's prosperity and stability will be hit back by the 1.4 billion Chinese people, including our Hong Kong compatriots," the spokesperson said.