OPINIONS Observer: Actual situation of HKSAR given full consideration in national security legislation


Observer: Actual situation of HKSAR given full consideration in national security legislation

By Chang Feng | People's Daily app

20:24, June 24, 2020

The actual situation of the Hong Kong Special Administrative Region (HKSAR) has been given consideration to the greatest extent in efforts to draft the legislation on safeguarding national security in Hong Kong, according to a statement on the draft of national security legislation for Hong Kong.


The draft law has been modified and improved repeatedly under the spirit of absorbing opinions and suggestions put forward by the HKSAR government as much as possible, disclosed the recent statement made by the Commission of Legislative Affairs of the National People’s Congress (NPC) Standing Committee.

Such detailed information in the statement was appreciated by Hong Kong residents, with people from all walks of life believing that the draft law respects Hong Kong and its actual situation.

The view has a solid factual basis. For instance, the draft law can well integrate with and complement relevant laws of the country and local laws of the SAR. 

In particular, the draft law takes into account relevant concerns of the Hong Kong society in terms of content and wording, making it easy to be accepted by Hong Kong citizens who have a good understanding of the rule of law.

Relevant national security legislation agrees with the existing legal system of Hong Kong and will not affect the city’s common law system, said a scholar of City University of Hong Kong. The view is believed to represent the mainstream voice in Hong Kong.

Nevertheless, certain members of the opposition in Hong Kong are still trying to confuse the public and stir up trouble for the introduction of the legislation by launching groundless attacks.

The draft of the national security legislation stipulates that the Chief Executive of Hong Kong will have the power to appoint judges to hear cases of crimes jeopardizing national security, which was called an unprecedented provision by vice chairman of the Hong Kong Bar Association.

As a matter of fact, Hong Kong has witnessed its Chief Executive designating judges for certain national security cases long before. 

In countries including the UK and the US, judges appointed through specific channels are commonly seen hearing cases in special courts.

As a senior lawyer, the vice chairman only exposed to the world how she lacks professionalism and professional spirit by making up lies about the justified rule in the national security law, which will not affect judicial independence of the SAR. Instead, it shows respect for the existing legal system of Hong Kong.

Hong Kong residents and foreigners in Hong Kong will lose their guarantee of basic human rights because of the upcoming national security law, according to an opposition lawmaker of Hong Kong’s Legislative Council.

On the contrary, the national security legislation for Hong Kong is in line with the spirit of international convention and the principles of international rule of law, and will guarantee human rights for people in Hong Kong to the greatest extent. Could it be possible that the lawmaker and his peers enjoyed more rights in the colonial days than they do now?

With the national security legislation for Hong Kong showing the greatest possible trust in and kindness to Hong Kong residents, such pro-colonization and anti-China complex is not only laughable but also unacceptable.

Residents of Hong Kong have long been fed up with these politicians in the legal profession who are used to blaming China, regardless of the facts.

These politicians have not adapted themselves to the historical transformation of Hong Kong’s return to its motherland, thus frequently making weird and irresponsible misrepresentations of the “one country, two systems” principle and the national security law for Hong Kong.

At present, as the country is trying to safeguard national security in Hong Kong through legislation, these people have seemingly forgotten their motherland and the major risks it is confronted with. 

Perhaps they would be better adapted to a city with long-standing “defenseless” condition in the field of national security, and hope to fish for personal gains in an “unguarded” Hong Kong. In this case, the efforts to patch the loopholes of the national security network through legislation are surely “unprecedented” to them.

The Chinese central government has adhered to the principle of seeking truth from facts all along in addressing Hong Kong-related affairs.

“When we adopt the policy of ‘one country, two systems’ to resolve the Hong Kong question, we are not acting on impulse or playing tricks but are proceeding from reality and taking into full account the past and present circumstances of Hong Kong,” said late Chinese leader Deng Xiaoping.

It is exactly because of all these factors that the Basic Law of the HKSAR, which took four years and eight months to draft, highlighted the rule of “one country” and took into account the differences between the “two systems,” therefore winning widespread praise both at home and abroad, and pointing the right way and providing a strong institutional guarantee for the long-term prosperity of Hong Kong after its return.

Today, the efforts to promote the national security legislation under the framework of the “one country, two systems” principle are also in line with the spirit of seeking truth from facts.

Giving full consideration to Hong Kong’s special status and actual situation while taking into account differences between the legal systems and judicial systems of the Chinese mainland and the HKSAR, the national security legislation which is designed to safeguard national security, sovereignty, unity, and territorial integrity has exactly demonstrated the original aspiration of the “one country, two systems” principle.

The principle of “one country, two systems” enjoys popular support from various sectors of Hong Kong, and the legislation on safeguarding national security in Hong Kong, which continues to embody the original aspiration of the principle, will inject the greatest confidence into the Hong Kong society.

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