The Standing Committee of the 13th National People’s Congress (NPCSC) reviewed a draft law on safeguarding national security in the Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China at its 19th session Thursday through Saturday. The draft law clearly defines the central government’s fundamental obligation in safeguarding national security in the HKSAR as well as the HKSAR’s constitutional responsibility in this regard. In doing so, the draft law clearly complies with the “one country, two systems” principle, which is enshrined in the Basic Law of the HKSAR.

The draft law states in its preamble that it is promulgated according to a decision of the NPC at its 13th annual session to safeguard national security in the HKSAR with a legal system and matching enforcement mechanisms.

The draft law stipulates that the central government, in order to fulfill its fundamental responsibility of safeguarding national security in the HKSAR, will set up a designated agency in the HKSAR for that purpose, and appoint a national security adviser to serve on the national security commission to be set up by the HKSAR government, which will be headed by the chief executive of the HKSAR. It also stipulates that the chief secretary of the national security commission of the HKSAR shall be appointed by the Central People’s Government.

According to a spokesperson for the Legislative Affairs Commission of the NPCSC,  the HKSAR will be in charge of the enforcement of the new law. But the central government agency on safeguarding national security in the HKSAR will retain the right of jurisdiction over cases under “special circumstances”. These arrangements embody the central government’s constitutional power and responsibility while giving due consideration to the “one country, two systems” setup.

The stipulation that the central government agency retains jurisdiction over special cases is fully justified: There is always the possibility that a situation that endangers national security and is beyond the control of the HKSAR government occurs in the region. It is believed that these “special circumstances” include cases wherein foreign or external forces are directly involved in activities threatening China’s sovereignty, unity and territorial integrity. A perfect example can be found in the protracted illegal, violent campaign launched a year ago using the now withdrawn extradition law amendment bill as an excuse, sometimes referred to as the “black revolution”.

It (national security law) requires the HKSAR, while safeguarding national security according to relevant laws, to fully respect the rights and freedoms of Hong Kong citizens protected by the Basic Law and relevant provisions of international conventions applicable to Hong Kong

The arrangements stipulated by the draft law are essentially the result of a painful lesson learned from the “black revolution” that has lasted for more than a year. The law will not only help put an immediate end to the “black revolution”, but also prevent external forces from launching another color revolution in Hong Kong in the future.

The reason why the “black revolution” has not completely subsided is the lack of an effective legal system and enforcement mechanism for safeguarding national security in the region.

The new law has no intention to and will in no way encroach on the rights and freedoms enjoyed by Hong Kong residents, as enshrined in the Basic Law. It targets only four categories of crimes that threaten national security, including secession, subversion of state power, terrorist activities, and collusion with foreign or external forces to endanger national security. These are proscribed anywhere in the world and an overwhelming majority of citizens will never be involved in such activities.

According to the draft law, the national security commission of the HKSAR shall be responsible for safeguarding national security in the HKSAR under normal circumstances and rely on a designated department of the Hong Kong Police Force to enforce the new law; while a designated branch of the Justice Department of the HKSAR shall prosecute parties suspected of endangering national security.

The draft law also requires the HKSAR to complete sooner rather than later its own relevant legislation according to Article 23 of the Basic Law and update related local laws if necessary, in order to prevent or stop and punish crimes endangering national security in the HKSAR.

The draft law ensures the HKSAR’s judicial independence by allowing the local authorities to handle most cases defined as endangering national security, including criminal investigation, prosecution, trial and punishment, in accordance with the new national security law and its own relevant laws. Such cases will be handled according to established criminal procedures by a panel of justices handpicked by the chief executive of the HKSAR from currently serving judges or qualified former justices.

The new legislation puts great emphasis on the rule of law and human rights in Hong Kong. It requires the HKSAR, while safeguarding national security according to relevant laws, to fully respect the rights and freedoms of Hong Kong citizens protected by the Basic Law and relevant provisions of international conventions applicable to Hong Kong, including freedom of speech, the press, publication, association, assembly, procession and demonstration. It also maintains the common law principle that all suspects are considered innocent until proven guilty in a court of law; ensures the legal rights of suspects in criminal defense and appeals, as well as freedom from double jeopardy. 

The author is a senior research fellow at China Everbright Holdings. The views do not necessarily reflect those of China Daily.