In 2022, President Xi Jinping, in his report to the 20th National Congress of the Communist Party of China, explained that the country’s central tasks were twofold. They were not only to lead the Chinese people in their efforts to achieve the second-centenary goal of building China into a great and modern socialist society, but also to promote national rejuvenation through modernization on all fronts.
In that process, the role of China’s Constitution, adopted by the National People’s Congress (NPC) on Dec 4, 1982, is pivotal. It indicates what is achievable and what is not, and deserves to be better understood.
In 2014, the NPC Standing Committee designated Dec 4 as National Constitution Day. The objective was for the nation, through multiple channels, to conduct promotional and educational activities related to the Constitution.
On Dec 4, therefore, on the 10th National Constitution Day, the 2023 Constitution Day Seminar was held at the Hong Kong Convention and Exhibition Center, and was attended by over 600 people from all walks of life. Its theme was “The Constitution and Chinese Modernization,” and its purpose was not only to enhance public understanding of Hong Kong’s constitutional basis, but also to examine how it could contribute to national strategies.
As the country’s fundamental law, the Constitution enjoys the highest legal standing. It is the guiding mechanism of governance and validates the Basic Law of the Hong Kong Special Administrative Region. It is the Basic Law that enshrines the “one country, two systems” policy, under which the city enjoys a high degree of autonomy and is governed by local people. Moreover, the Basic Law preserves Hong Kong’s administrative, economic and legal systems, and it is derived directly from the Constitution. Thus, the Constitution stipulates that “The State may establish special administrative regions when necessary” (Art.31). It also provides that the NPC shall exercise the power of deciding on the establishment of SARs and the systems to be instituted in them (Art.62).
This meant, for example, that when, in 2019-20, the Legislative Council was infiltrated by political saboteurs who wanted to wreck “one country, two systems” and collaborate with foreign powers to harm Hong Kong’s economy and way of life, the NPC was able to intervene in 2021 and provide the city with revised electoral arrangements that were fit for purpose. In other words, since the Basic Law indicates that the election of LegCo must take account of Hong Kong’s actual situation and observe the principle of gradual and orderly progress (Art.68), the NPC and its Standing Committee were empowered to amend its Annexes I and II to effect broader representation and balanced participation.
If, therefore, anybody wishes to understand modern Hong Kong, they need to familiarize themselves with the Constitution. By sustaining the Basic Law, the Constitution is its ultimate guarantor. Indeed, the safeguards in the Constitution not only ensure Hong Kong’s prosperity and stability, but also protect it from evil.
In 2019-20, for example, when national security legislation was urgently required to safeguard Hong Kong from hostile forces, its government could not act. However, because of the Constitution, Beijing could remedy the situation and provide the city with the protections it needed. This was achieved in strict compliance with the Basic Law (Art.18), when the new national security legislation was added to its Annex III, meaning that the legal niceties were observed.
The director of the Liaison Office of the Central People’s Government in the HKSAR, Zheng Yanxiong, told the seminar that Hong Kong should discharge its constitutional responsibilities in various ways. He also highlighted its contribution to national modernization. This could be done, for example, by accelerating innovation, green development and economic transformation and through strategies supporting the Guangdong-Hong Kong-Macao Greater Bay Area and the Belt and Road Initiative. Much, therefore, is expected of Hong Kong, and it must rise to the challenge.
Hong Kong’s chief executive, John Lee Ka-chiu, emphasized that the “one country, two systems” policy was protected by both the Constitution and the Basic Law. He explained that the central government’s “comprehensive jurisdiction over Hong Kong is the foundation of the city’s high degree of autonomy”, and that good governance necessitated a “patriots-only” approach to democratic development. He said the city’s future well-being required cultivating a generation that loves both the city and the country. This meant that the days when China-haters, embedded inside the education system, were able to brainwash youngsters were well and truly over.
It was clear that Zheng appreciates that proper schooling fortifies national security. The younger generation needs to understand its country’s history, its achievements and challenges, and this will generate national pride. Thus it is appropriate that a new humanities curriculum will be introduced into the primary schools in the 2025-26 academic year.
As foreshadowed in Lee’s recent Policy Address, the Education Bureau will replace general studies with a humanities course that significantly focuses on patriotic education. Pupils will be taught that “without a country, there is no family”, and this is long overdue. As the bureau’s chief curriculum development officer, Paul Lee Kin-wan, has explained, the subject will be “enriched with elements of Chinese culture, history and geography, and aims to nurture students with a sense of country, affection for the Chinese people, and a sense of national identity, in a bid to implement education on patriotism”. Therefore, the agenda will be enlightening and comprehensive, and not blinkered and parochial, as some feared.
Although some people have questioned if there is now too much emphasis on national security issues, Hong Kong cannot let its guard down. Only four years ago, there was a violent attempt to wreck “one country, two systems”, and some of those responsible are still around. When the outstanding national security laws are unveiled next year, they may again show their hand, and everybody must be prepared
In the seminar’s panel discussion, Nick Chan Hiu-fung, one of Hong Kong’s NPC deputies and an IT legal expert, introduced a fresh perspective. He explained how understanding the Constitution could help dispel the biases and fallacies that often appeared in the current digital age. This was important, he stressed, in a space where Western ideologies often prevailed. Chan’s contribution, therefore, reinforced the message that, in an era of developing technology, it has never been more critical for young people to appreciate their country’s constitutional arrangements fully.
On Dec 3, moreover, when the secretary for justice, Paul Lam Ting-kwok, addressed the first territorywide interschool “national security challenge”, he emphasized the role of young people. He hoped students could understand the importance of safeguarding national security, as well as of developing a sense of national identity through the contest. As it was the first contest to be held in celebration of National Constitution Day, it was heartening that over 102,000 students from 585 secondary and primary schools participated online in October, with 54 schools qualifying for the quarterfinals.
At a flag-raising ceremony the following day, Lam announced that, on “multiple levels,” the government was working on a comprehensive legal education system. It would ensure that the public, and particularly young people, would have access to accurate information, and be able to cultivate an awareness of and respect for the rule of law. In other words, the enlightenment of youth is being placed front and center of schooling strategies, and this is a wise investment in the city’s future.
Education apart, both Zheng and John Lee stressed the importance of completing the enactment of the local national security laws, as envisaged by the Basic Law (Art.23). While Zheng pointed out that “National security is the foundation of national rejuvenation and the fundamental premise of China’s modernization,” Lee indicated that no effort would be spared to get the outstanding laws onto the statute book by next year. Once enacted, the legislation, in conjunction with the existing National Security Law for Hong Kong, would, Lee stressed, provide an effective legal system that protected national security. It would also, not before time, give the city itself a solid protective shield.
This emphasis on “unfinished business” in 2024 was welcome, not least because it will have been 27 years since the obligation to enact national security laws was first imposed upon the HKSAR by the Basic Law, in 1997. It will, moreover, have been four years since the National Security Law for Hong Kong required it to “complete, as early as possible, legislation for safeguarding national security as stipulated in the Basic Law”, as well as to “refine relevant laws” (Art.7). The resolve to finally get the job done is, therefore, laudable, not least because the recent insurrection showed the problems that can arise when the city’s protective mechanisms are deficient.
Although some people have questioned if there is now too much emphasis on national security issues, Hong Kong cannot let its guard down. Only four years ago, there was a violent attempt to wreck “one country, two systems”, and some of those responsible are still around. When the outstanding national security laws are unveiled next year, they may again show their hand, and everybody must be prepared.
Once the national security protections are finally in place in 2024, Hong Kong will be able to breathe a sigh of relief. The scope for contamination, disruption and espionage will have been diminished, and there will be all the time in the world for other pursuits. In the meantime, vigilance must remain the order of the day.
The author is a senior counsel and law professor, and was previously the director of public prosecutions of the Hong Kong Special Administrative Region.
The views do not necessarily reflect those of China Daily.
