Political situation
Author: Lin Jian Zhou Lixi
2020-06-08 17:27
Date of last update: 2020-06-08 17:27The SAR Government held an online seminar on the 30th anniversary of the promulgation of the Basic Law today (June 8). Zhang Yong, deputy director of the Hong Kong Basic Law Commission, said in his keynote speech that Article 23 of the Basic Law was never an “authorization” but With regard to the "obligation" clause, the decision of the Standing Committee of the National People's Congress has "undoubted legal effect."
He also mentioned that in the 23 years since the reunification, Hong Kong’s legal system for national security is still blank. It has neither established its own national security agency nor the central government. However, in recent years, Hong Kong’s national security risks have become more obvious. You can't help but pay attention, otherwise it is negligence.
Zhang Yong said that in the face of problems in Hong Kong in recent years, the central government must pay attention to national security threats, otherwise it will be negligent. (Government News Network screenshot)
National security standards must be unified across the country
Zhang Yong pointed out that national security is the "top priority" of a country, it is a prerequisite for the existence and development of a country, and it is also the basic duty of citizens of each country and the primary responsibility of the central government. Therefore, there is a need for a unified national security standard across the country, regardless of Beijing, Guangdong, and Hong Kong. The standard is the same; for behaviors that endanger national security, we must prevent them from happening, stop them in a timely manner, and effectively resolve the risks of related behaviors. The above criteria are "Chinese and foreign from ancient times to modern times.
Zhang Yong mentioned that to understand what China's national security is, we must first understand the century-old modern history of modern China. He pointed out that from the beginning of the Opium War to the end of the Anti-Japanese War, China's century-old modern history is a history of bullying and no national security. After more than a hundred years of battles, it was forced to sign more than 740 unequal treaties, all kinds of compensation for land severance, and life-giving. So far, 3.3 million square kilometers of land have not been recovered and 300 million people have died normally.
He pointed out that after the reform and opening up, national security entered the era of rule of law; by 2014, due to the great changes in the internal and external situation, he proposed the "overall national security concept", that is, in addition to traditional security, it also values a number of non-traditional security, such as biosecurity , Network security, etc. This is a systematic construction, and the relevant large framework is still being enriched.
The National People's Congress passed a national security law for the port area at the end of May. (Profile picture)
Refers to 23 clauses that are not "authorization" but "obligation"
Regarding the national security mechanism constructed by the Basic Law, Zhang Yong asked whether it was only Article 23 of the Basic Law, referring to that the Basic Law was drafted in 4 years and 8 months to systematically construct Guoan.
Zhang Yong believes that the two purposes of "one country, two systems" are to safeguard national sovereignty and territorial integrity, and to maintain Hong Kong's long-term prosperity and stability, and the Basic Law must implement these two purposes, specifically the high degree of autonomy under the authority of the central government, and Hong Kong people who "take patriots as the main body" rule Hong Kong.
At the principle level, Zhang Yong stated that Article 1 of the Basic Law, Hong Kong is an inseparable part of the People’s Republic of China, which determines the constitutional status of Hong Kong; Article 12 states that Hong Kong is a local administrative region of the Central People’s Government, so it is maintained National security is a basic obligation of local governments; at the central level, Zhang Yong pointed out that apart from national defense diplomacy, the power of the state to Hong Kong is far more than that. Other matters that are not within the scope of Hong Kong’s autonomy can be added to Annex III for implementation.
At the level of the SAR, Zhang Yong also believes that Hong Kong’s national security responsibility is not limited to Article 23, which means that Article 23 is not an authorization clause, but an obligation clause. For example, there are 13 "authorization clauses" in the Basic Law, and Article 23 is not one of them. One. He pointed out that in the 23 years since the reunification, Hong Kong’s legal system in this area is still blank. Hong Kong itself has neither established a national security agency nor a central government station. However, in recent years, Hong Kong’s national security risks have become more obvious. Pay attention, otherwise it is negligence.
Zhang Yong, deputy director of the Basic Committee. (Government News Network screenshot)
The National People's Congress decided that "legal validity is beyond doubt"
Zhang Yong mentioned that there are many different ways for the central government to complete the legislation of the National Security Law. It can interpret laws, amend laws, add national laws to Annex III of the Basic Law, or issue instructions to the Chief Executive, and finally decide to use "Decision + Annex III." Way.
He emphasized that the National People’s Congress has constitutional oversight powers. After the reunification, he only made a "decision" on the Hong Kong issue. The validity of the law passed by the National People's Congress is indisputable, but the "decision" is only to determine principles and positions; the law requires It must constitute a system, establish power, establish penalties, etc.
Zhang Yong pointed out that the two major purposes of the "Hong Kong version of the National Security Law" are to protect national security in Hong Kong and to protect the general interests of Hong Kong citizens to the maximum. He also pointed out that since it is a national law, it must comply with the requirements of the Mainland to formulate laws and take into account the differences between the two legal systems before it can be effectively implemented in Hong Kong.
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Article 23 of the Basic Law of the Basic Law of Hong Kong