Hong Kong version of the National Security Law｜Hong Kong and Macao Office: Mainly directly under the jurisdiction of the Special Administrative Region Enforcement Center for particularly serious cases

Political situation

Written by: Lin Jian

2020-06-15 11:00

The National Association of Hong Kong and Macao Studies today (June 15) held a seminar on the 30th anniversary of the promulgation of the Basic Law to discuss the decision made by the National People's Congress last month to formulate a national security law for the port area. Deng Zhonghua, deputy director of the Hong Kong and Macao Affairs Office of the State Council, said that under the National Security Law, the vast majority of enforcement work, including law enforcement and justice, should and must be completed by the SAR, but the central government also reserves the right to direct jurisdiction under "extremely special circumstances."

Xu Ze. (Picture of National Hong Kong and Macao Research Association)

Xu Ze, chairman of the National Hong Kong and Macao Research Association, said in his speech that the Basic Law is a creative masterpiece with historical and international significance, as the late leader Deng Xiaoping said. Since it is an innovative and pioneering cause, it will inevitably move forward The road, encountering various new situations and new problems, needs to be constantly improved in practice.

He pointed out that in recent years, "confusions" have occurred in Hong Kong, which seriously violated the original intention of "one country, two systems" and the Basic Law, seriously shaken the foundation of Hong Kong's prosperity and stability, and also seriously threatened national sovereignty, security and development interests. The revision of last year’s storms lasted for a long time, exposing the huge loopholes in Hong Kong’s maintenance of national security. The National People’s Congress deliberated and approved the decision on safeguarding national security earlier. It is the central government’s responsibility for fulfilling the constitutional responsibilities entrusted by the Constitution and the Basic Law, and it is a matter of effective prevention and control of Hong Kong’s outstanding risks in national security.

Deng Zhonghua. (Picture of National Hong Kong and Macao Research Association)

Deng Zhonghua: The Central Government will govern "extremely special circumstances"

Deng Zhonghua said that the National Security Law is in line with the original intention of "One Country, Two Systems" and has unrivaled legal authority. At present, it is imperative to maintain national sovereignty and territorial integrity, but at the same time, it must have a strong enforcement mechanism to exert a strong deterrent to acts that endanger national security. You must have a real grasp, not just shouting slogans and being like that. According to the decision of the National People's Congress, the central government can establish a national security agency in Hong Kong as necessary to give it the necessary enforcement powers; when making legislation, it is necessary to clarify the actual power of the central government to enforce laws in Hong Kong.

He believes that the SAR has the main responsibility for the enforcement of laws. Most of the work, including law enforcement and justice, should and must be done by the SAR. However, the central government should also retain the power to govern "particularly serious cases" under "extremely special circumstances." However, he believed that there were very few cases under the jurisdiction of the central government, which did not affect the independent judicial power and final power of the SAR. In this regard, the Central Government and the Special Administrative Region should also set up corresponding institutions and mechanisms to strengthen information sharing. In the future, special institutions, personnel, and laws will also be needed to give full play to the power of law enforcement and prosecution, and to authoritatively and scientifically judge strategies for maintaining national security.

Deng Zhonghua said that the national security law can take into account "one country" and "two systems", which means that the mainland and Hong Kong have different legal systems, but some principles of criminal law are not much different between the two places, such as criminal responsibility adaptation, procedural justice, presumption of innocence, and the right to defense. Wait, these principles will be stipulated in the legislation.

Chen Dong. (Picture of National Hong Kong and Macao Research Association)

Chen Dong denounced Hong Kong public aspiration to manipulate the action preparation platform for middle school students

Chen Dong, deputy director of the Liaison Office of the CPC Central Committee, pointed out that at the time when the Basic Law of Hong Kong was promulgated for 30 years, the central government's efforts to fill the "shortcomings" of Hong Kong's national security are of great significance to the Basic Law and one country, two systems. He pointed out that the National Security Law of the Minato District has become the mainstream public opinion. The Chief Executive and officials continue to resolve their doubts and appeals, calling on society to discuss the legality, urgency, and importance of the National Security Law rationally. In just 8 days, 2.92 million signatures have been signed. The Joint Office held two opinion symposiums, and then set off for major alliances, people's congresses, and the CPPCC.

Chen Dong pointed out that the National Security Law strengthens the system of one country, two systems. He quoted President Xi Jinping mentioned on July 1, 2017 in Hong Kong: "Any endangering national sovereignty security, challenging the central authority and the authority of the Hong Kong Special Administrative Region Basic Law, using Hong Kong to the mainland The activities of infiltration and destruction are all touching the bottom line, and they are absolutely not allowed." Chen Dong pointed out that one country, two systems is a basic national policy for the peaceful reunification of China. It has been implementing a high degree of autonomy in accordance with the Basic Law for 23 years. Hong Kong has administrative, Legislation, independent judicial power, capitalist system, basically unchanged laws and other advantages. Chen Dong mentioned that one country, two systems have encountered many new situations. In recent years, many people in Hong Kong are fighting for academic freedom and freedom of speech, instigating Hong Kong people to aggressively confront the government and the central government, and making chaos continue, including Hong Kong city-state theory and ethnic theory. Distortions provide the so-called theoretical basis, advocate citizens' disobedience and violate the law, and open the Pandora's box of social turmoil.

Rename the criticism of Chen Yun's "Hong Kong City-State Theory"

Chen Dong continued to point out that "anti-China chaos in Hong Kong" triggered the anti-amendment movement with the support of foreign forces. The government withdrew the amendment and continued to carry the banner of "Recovering Hong Kong, Revolution of the Times", paralyzing the operation of the government and the Legislative Council, and beating Chinese capital Institutions and patriotic businesses seriously challenge the bottom line of the principle of one country, two systems. When sovereign countries face these persistent, violent and separatist social turmoil, China uses blocking legal leaks as a good solution to chaos and reflects China’s pursuit of rule of law .

Chen Dong believes that the National Security Law opens up broad prospects for Hong Kong in the future, and believes that after the legislation, the political viruses that affect the development of Hong Kong will be eliminated, ushering in broader development prospects. Chen Dong said that young people are the future and hope of Hong Kong. In June last year, Hong Kong independence, speculation, etc. endangered the society of Hong Kong. Violent activities thought that the school was a stronghold for the children to go the wrong way. The referendum on strikes and classes continues to push students into the vortex of illegal violence. Therefore, the National Security Law will create a healthy and good atmosphere for the growth of Hong Kong's youth.

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Hong Kong Version National Security Law Hong Kong and Macao Office National Hong Kong and Macao Research Association