Letters to Hong Kong

6 July 2020 - Legislation for safeguarding national security in HKSAR

Dear friends of Hong Kong,

Legislation for safeguarding national security in HKSAR

    Pursuant to my previous messages of 26 May and 17 June 2020, I would like to provide you with an update on the subject matter.

    The Standing Committee of the National People’s Congress (NPCSC) passed on 30 June 2020 a law on safeguarding national security in the Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China (the Law). The Law has applied locally with effect from 30 June 2020.

    Safeguarding national sovereignty, security and development interests is the constitutional duty of the HKSAR and concerns every Hong Kong citizen. The HKSAR Government welcomes the passage of the Law by the NPCSC. It is an important step to fully implement the Basic Law, strengthen implementation of the “One Country, Two Systems” principle, and restore stability in Hong Kong as soon as possible. Being a national law, the Law is both necessary and urgent in order to plug the loophole in national security in HKSAR.

    In concrete terms, the Law only targets an extremely small minority of offenders of four types of acts and activities that endanger national security, namely, secession, subversion of state power, organising and carrying out terrorist activities, and collusion with foreign or external forces to endanger national security. It is stipulated very clearly that the various rights and freedoms, including the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration, which the HKSAR residents enjoy under the Basic Law and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong, shall be protected in accordance with the Law. Other freedoms including freedom to enter or leave the HKSAR, freedom of conscience, freedom to engage in academic research, literary and artistic creation, and other cultural activities are protected by the Basic Law and will not be affected. The Law will not affect the normal exchange activities between individuals, organisations or corporations and their foreign or external counterparts.

    The Law highlights that the HKSAR shall adhere to important principles in line with the rule of law when protecting national security, including presumption of innocence, conviction and punishment according to law, and protection of the rights of the suspect in judicial proceedings, etc. The rule of law and judicial independence are among the essential elements underlying Hong Kong’s success. Under the Law, cases endangering national security connected with Hong Kong shall be handled by the law enforcement agencies and the judiciary of the HKSAR. Such is a manifestation of “One Country, Two Systems” and the respect for our legal system.

    A safe society provides a favourable business and investment environment. Safeguarding national security and the rule of law in Hong Kong is the cornerstone to maintain “One Country, Two Systems”, ensuring the long-term stability and safety of Hong Kong. With the Law, the social unrest which has troubled Hong Kong for nearly a year will be eased and stability will be restored. That will be conducive to Hong Kong continuously strengthening our status as an international financial centre as well as a shipping and trading hub, buttressing our strengths as a location of choice for talents and investors, as well as developing into a node for innovation and technology. Hong Kong will continue to be a world class city for tapping into the multitude of opportunities throughout the region.

For more information about the Law, please feel free to browse the dedicated website.

    As always, we are grateful for all the interest in and support for Hong Kong which you have been exhibiting throughout the years. We would endeavour to further enhance the conducive relationships which we have had the privilege and pleasure to build with our friends here in the ASEAN.

Sincerely,
Law Kin-wai
Director-General
Hong Kong Economic and Trade Office