The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region takes precedence over other local Hong Kong laws, says Basic Law Committee Deputy Director Maria Tam Wai-chu.
She said that’s why some arrangements contained in the national security legislation are different from usual judicial practices.
We are not attacking anybody. We are only protecting ourselves. The US has 20 national security laws while the UK has four. So why can’t we have one to protect national security in Hong Kong?
Maria Tam Wai-chu, Basic Law Committee deputy director
For instance, the chief executive’s approval is needed for law enforcers to intercept communications and carry out surveillance, but for other offenses, the court is the approving authority.
The approval of surveillance and interception of communications by the chief executive is quicker and more efficient, Tam said.
“The national security law is parallel with the Basic Law but not part of the Basic Law,” she explained. “For this reason, it is stipulated that in case the national security law is in conflict with other Hong Kong laws, the national security law has an overriding effect on other laws of Hong Kong, in the same way as the Basic Law has an overriding effect on other local laws”.
READ MORE: Envoy: National security law timely, necessary
According to Article 62 of the law, which was promulgated on Tuesday in Hong Kong, it shall prevail where provisions of the local laws of the HKSAR are inconsistent with the national security law.
In accordance with the law, the chief executive may consult the chief justice of the Court of Final Appeal before designating a number of existing judges to hear cases on national security offenses. Tam thinks that will not undermine judicial independence because all serving judges are appointed by the chief executive, on the recommendation of the Judicial Officers’ Recommendation Commission.
“To designate a team of judges to hear national security cases is a substantive appointment, meaning that the chief executive is not bound to rubberstamp the appointments or accept the whole list. While she may consult the chief justice, she may also seek the views of other people in the judicial sector about the appointments,” Tam said.
ALSO READ: Law and order dawns in Hong Kong as new law takes effect
Tam, who was a member of the Basic Law Drafting Committee, slammed foreign powers for their double standards in trying to stop national security legislation for the SAR in order to obstruct the rise of a strong China. In particular, the UK wrongly claimed that the national security legislation is in breach of the Sino-British Joint Declaration.
She contended the legislation has nothing to do with the joint declaration. “It was not mentioned in the joint declaration that Hong Kong would have the power to enact national security legislation because this is the purview of the central authorities, be they unilateral or federal states, but not within the high degree of autonomy enjoyed by the local government. I advise them to read over the Basic Law and the joint declaration carefully.”
She also refuted the accusation that the national security legislation undermines “one country, two systems”, responding that the prime objective of the law is to safeguard “one country” in order to implement “two systems”.
“I really don’t understand the rationale of sanctioning China or any Chinese officials simply because we decided to enact a law to protect our own national security”, Tam said. “We are not attacking anybody. We are only protecting ourselves. The US has 20 national security laws while the UK has four. So why can’t we have one to protect national security in Hong Kong?”
