adminHerald Correspondent
A draft decision on establishing and improving the legal system and enforcement mechanisms for Hong Kong Special Administrative Region (HKSAR) to safeguard national security was submitted to the third session of the 13th National People’s Congress (NPC) recently.
Nearly 23 years since its return to the motherland, HKSAR has not yet fulfilled its legal responsibility of enacting laws on its own to safeguard national security in accordance with Article 23 of the Basic Law.
The introduction of the Bill at the NPC came after Hong Kong was embroiled in prolonged riots last year. Chinese Foreign Ministry spokesperson Zhao Lijian noted in last Friday’s press conference that “no country in the world would allow secessionist activities, or any activities that would endanger national security”.
As the Legislative Council of HKSAR has pointed out, “Hong Kong independence” forces have colluded with separatist groups in Taiwan, Tibet and Xinjiang as well as external forces against China, attempted to “occupy” and damage Hong Kong’s legislature, stormed the central government’s offices in Hong Kong and even called for “gaining independence through armed revolution” and “setting up an interim government” under the so-called “public square constitution”.
Article 23 of the Basic Law of Hong Kong stipulates that the SAR shall enact laws on its own to prohibit any act of treason, secession, sedition or subversion against the Central People’s Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the HKSAR, and to prohibit political organisations or bodies of the HKSAR from establishing ties with foreign political organisations or bodies.
Since Article 23 legislation stalled in 2003, those trying to sow trouble in Hong Kong and external hostile forces have demonised it to sabotage and obstruct its enactment.
The existing national security loophole in HKSAR exacerbates multiple risks.
Wang Chen, vice chairman of the Standing Committee of the NPC, on Friday highlighted activities that have seriously challenged the bottom line of the “One Country, Two Systems” principle, harmed the rule of law and threatened national sovereignty, security and development interests.
The violence associated with the disturbances arising from the introduction of the Fugitive Offenders Bill since last June is an example. Various incidents involving even explosives and firearms have increased the risk of terrorism as well as seriously jeopardizing public safety.
Given Article 23 of the Basic Law is yet to be enacted, Hong Kong could only impose light sentences on “Hong Kong independence” forces who illegally and violently disrupted social order.
External forces’ interference in Hong Kong affairs, for example the overt meddling by the US, and China’s internal affairs is another factor.
In March, 2019, US Vice President Mike Pence met with Hong Kong’s former Chief Secretary Anson Chan. A few days later, US House of Representatives Speaker Nancy Pelosi met with opposition lawmakers Dennis Kwok and Charles Mok. The opposition leaders’ trip to the US also included meetings with US congressional committees and bar associations.
In May 2019, Pelosi and US Secretary of State Mike Pompeo met with several opposition figures, including Martin Lee, Lee Cheuk-yan and Nathan Law.
In June 2019, US Congressmen Marco Rubio and Jim McGovern reintroduced the so-called “Hong Kong Human Rights and Democracy Act”.
In July, Pence and Pompeo held meetings with pro-opposition media tycoon Jimmy Lai, discussing Hong Kong’s amendments to the Fugitive Bill.
And in the midst of the unrest, Julie Eadeh, who works at the US Consulate General in Hong Kong, was filmed meeting with opposition figures Martin Lee and Anson Chan. She also met Hong Kong protest leader Joshua Wong.
In September, the US Congressional-Executive Commission on China held a Hong Kong-related hearing and invited Joshua Wong and fellow protest leader Denise Ho to testify.
In October, US Senator Ted Cruz met with opposition figures Anson Chan and Jimmy Lai in Hong Kong and wore black to show support for protesters.
On October 15, the US House of Representatives passed the so-called “Hong Kong Human Rights and Democracy Act of 2019,” which was passed by the Senate on November 19.
Deliberation of the draft decision on establishing and improving the legal system and enforcement mechanisms for the HKSAR to safeguard national security at this year’s annual session of the NPC means the first step is taken.
If the draft decision is approved, the NPC Standing Committee will formulate related laws to solve Hong Kong’s problems in maintaining national security, strengthen the construction of specialised and law enforcement agencies and ensure the law to be effectively implemented in Hong Kong.
Online Reporter