Embassy Spokesperson on the legislation on Article 23 of the Basic Law of Hong Kong (1)

2024-03-20 01:55

Question: On 19 March, the Legislative Council of the Hong Kong Special Administrative Region passed the safeguarding national security bill. The central government of China has already enacted and put into effect the Law of the PRC on Safeguarding National Security in the HKSAR, then why does the HKSAR continue to advance this legislation?

Embassy Spokesperson: regarding the importance and necessity of completing the legislation on Article 23 of the Basic Law, I’d like to highlight three points:

Firstly, completing the legislation on Article 23 of the Basic Law is the constitutional responsibility of the government of the HKSAR on safeguarding national security. Although the National Security Law has been enacted at the national level, the HKSAR shall still fulfill its constitutional responsibility to enact laws on its own under Article 23 of the Basic Law. Besides, both Article 3 of the National People's Congress's Decision on 28 May on establishing and improving the legal system and enforcement mechanisms for the HKSAR to safeguard national security and Article 7 of the National Security Law require the HKSAR to complete this legislation as soon as possible, so as to improve relevant laws in Hong Kong.

Secondly, completing the legislation on Article 23 of the Basic Law is an important supplement to legislation on safeguarding national security in Hong Kong. The National Security Law only covers two types of behaviour (secession and subversion) stipulated in Article 23 of the Basic Law. Other behaviors and activities that endanger national security still need to be prohibited by legislation.

Thirdly, the fact that Hong Kong has restored order in recent years highlights the necessity of relevant legislation work. The disturbance over proposed legislative amendments in Hong Kong, which happened a few years ago and brought protracted social unrest and street violence, is always a wake-up call. Currently, Hong Kong seems to be peaceful, but the root causes of the chaos have not yet been eradicated, and the national security risks it faces remain severe. The National Security Law and other existing laws in the HKSAR are not enough to comprehensively respond to various behaviors and activities that may occur and endanger national security. Thus, it’s urgent to formulate a complete and effective legal system to safeguard national security, so as to provide the most fundamental institutional guarantee for the economic development of Hong Kong and the well-being of its residents.