Published: 14:21, February 17, 2023 | Updated: 21:06, February 17, 2023
HKSAR govt: Residents’ rights well-protected with NSL
By Xi Tianqi in Hong Kong

This April 1, 2022 photo shows the Central Government Offices in Hong Kong. (ANDY CHONG / CHINA DAILY)

The HKSAR government has continued to firmly uphold the rights and freedoms following the implementation of the National Security Law and law enforcement actions in national security cases are evidence-based and in strict accordance with the law, a government delegation told a UN meeting.

The government delegation led by the Permanent Secretary for Constitutional and Mainland Affairs Gracie Foo Siu-wai attended the meeting of the United Nations Committee on Economic, Social and Cultural Rights on Wednesday and Thursday, to respond to the committee's concerns on the human rights situation in special administrative region.

The delegation emphasized that Hong Kong people continue to enjoy the legitimate rights and freedoms guaranteed under the nation’s Constitution, the Basic Law and the relevant provisions of international covenants as applied to Hong Kong.

The NSL clearly stipulates that human rights shall be respected and protected in safeguarding national security in the SAR. Any measures or enforcement actions taken under the NSL must observe the principle, said the delegation.

Stressing that people’s rights and freedoms are not absolute, the HKSAR government delegation said the International Covenant on Civil and Political Rights also states that some of these rights and freedoms may be subject to restrictions that are necessary for protection of national security, public order, etc

Stressing that people’s rights and freedoms are not absolute, the delegation said the International Covenant on Civil and Political Rights also states that some of these rights and freedoms may be subject to restrictions that are necessary for protection of national security, public order, etc.

On the Committee's concern on bail arrangement, it explained that the NSL introduces more stringent conditions regarding bail in national security cases as safeguarding national security is of cardinal importance.

About the recent interpretation made by the Standing Committee of the National People's Congress on Article 14 and 47 of the NSL, the delegation said the interpretation did not confer additional powers on the city’s chief executive, and clarified that Article 47 of the NSL is applicable in handling the controversy concerning overseas lawyers.

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Article 47 stipulated that the HKSAR’s courts shall obtain a certificate from the chief executive to certify whether an act involves national security or whether the relevant evidence involves State secrets when such questions arise during the adjudication of a case. The certificate shall be binding on the courts.

“The certification system is fair and reasonable, with a solid legal basis. The certificate only serves as a piece of evidence only, albeit conclusive, in the case before the court. It is still for the court to decide on other issues in the outcome of the case. There is no usurpation of the function of the court. The arrangement in this respect does not impair the independent judicial power of the Hong Kong courts.”

The delegation also responded to the committee's concerns in other human rights areas, such as trade union rights, foreign domestic helpers, trafficking-in-person, academic freedom etc. It also briefed them on the city’s latest developments on poverty alleviation, elderly services and housing.

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Citing the marked increase in the number of registered trade unions from 917 in 2019 to 1,454 in 2022, the delegation said trade union rights in the city are strong and intact as ever.

In 2020, the HKSAR government's policy intervention measures lifted a total of 1.1 million people out of poverty, reducing the poverty rate by 15.7 percentage points, it said.

According to the latest housing demand projection in October 2022, the total housing supply target for the next 10-year period from 2023-24 to 2032-33 is 430,000 units, 70 percent of which are the government's target for public housing, the delegation said.