Political situation
Author: Sha Banshan
2020-05-21 20:28
Last update date: 2020-05-21 22:29The National People's Congress will announce the "Hong Kong version of the National Security Law" proposal tonight. The news shocked Hong Kong, and the outside world immediately paid attention to the fate of Article 23 of the Basic Law. It is understood that this "Hong Kong version of the National Security Law" is not an alternative legislation, but a transitional legislation. It does not replace Article 23 legislation of the Basic Law. Hong Kong still has a constitutional responsibility to complete Article 23 legislation, just for Hong Kong ’s To make up for the leaks, if 23 articles are finally enacted in Hong Kong, it may replace the Hong Kong version of the National Security Law.
However, it is understood that this time the "Hong Kong version of the National Security Law" is not an alternative legislation, but a transitional legislation that does not replace Article 23 of the Basic Law. (Profile picture)
After entangled with 23 issues of the Basic Law over the years, the Central Government has suddenly launched the "Hong Kong version of the National Security Law" and implemented it in Hong Kong through Annex III of the Basic Law. Why did the Central Government make a sudden move? In an interview with "Hong Kong 01", researchers from the Hong Kong Basic Law Macao Basic Law Research Institute under the Chinese Law Society pointed out that the original provision of Article 23 of the Basic Law is the SAR "should self-enact legislation". The meaning of the word "should" in the article Means that the twenty-three legislations are a constitutional responsibility of the SAR, rather than a constitutional power exclusively enjoyed by the SAR. There is no wording in the provision. The legislative work of national security can only be resolved by the SAR through its own legislation, not by introducing the Mainland ’s national security laws.
However, researchers have pointed out that the SAR has been established for 23 years, and so far it has not been able to initiate 23 pieces of legislation on its own. This is the SAR government's disregard for constitutional responsibility. Under this circumstance, in order to fill the legal gaps and loopholes at the national security level, the central government can only solve the problem by introducing the Mainland ’s national security laws until the SAR fulfills its constitutional responsibilities and completes 23 pieces of legislation on its own. "National sovereignty, security, and development interests cannot be violated, and Hong Kong's prosperity and stability cannot continue to be undermined. For this reason, establishing and improving the Hong Kong Special Administrative Region's national security legal system can only open up another path."
The "Hong Kong version of the National Security Law" is enacted by the central government and implemented in Hong Kong. Researchers emphasized that in terms of the construction of a legal system for the maintenance of national security in the special administrative region, it is both an authorization clause that reflects the trust of the central government in the special administrative region; The constitutional requirements of the SAR. Completing Article 23 of the Basic Law legislation is a constitutional obligation that the SAR must fulfill.
The full name of the "Hong Kong version of the National Security Law" full-length exposure draft was 42 characters long.
[01 Exclusive] The Central Government made an emergency call tonight with the diplomatic community to explain the "Hong Kong version of the National Security Law"
【01 Exclusive】 The four main points of the "Hong Kong version of the National Security Law" are exposed! Take strict precautions against secession and terrorist activities
Two Meetings 2020 ｜ Publish the "Hong Kong version of the National Security Law" to block national security loopholes
[01 Exclusive] The National People's Congress announced the "Hong Kong version of the National Security Law" tonight
[01 Exclusive] Xia Baolong Shenzhen Milin Lin Zhengti 23 Legislative "Pointing" Legislative Council Elections
In fact, Wang Zhenmin, a professor at the School of Law of Tsinghua University and the chairman of the Hong Kong Basic Law Macao Basic Law Research Society of the Chinese Law Society, published the "Building and Perfecting the Rule of Law System for the Maintenance of National Security in the Hong Kong Special Administrative Region" published by Guangming Daily in the Mainland on February 26. A large number of violent acts occurred during the amendments movement, and foreign hostile forces intervened. This shows that there are major hidden dangers to national security in Hong Kong, and the legal system of national security is not perfect.
The article pointed out that under the central government's overall system of safeguarding national security, the Hong Kong Special Administrative Region should also build a sub-system for safeguarding national security. Completing Article 23 of the Basic Law is a constitutional obligation that the Special Administrative Region must fulfill.
The article said that the twelfth plenary session of the 19th Central Committee of the Communist Party of China adopted the "Decision of the CPC Central Committee on Upholding and Perfecting the Socialist System with Chinese Characteristics, Promoting the National Governance System and Governance Capability Modernization". What should be adhered to and perfected has been made a specific deployment, which specifically proposed "establishing and improving the legal system and enforcement mechanism of the special administrative region to maintain national security, and supporting the special administrative region to strengthen its law enforcement force."
"Establish and improve the legal system and enforcement mechanism of the Special Administrative Region to safeguard national security" is the core part of the draft name of the Hong Kong version of the National Security Law.
The article said that establishing and improving the legal system and enforcement mechanism of the Hong Kong Special Administrative Region to safeguard national security is the common constitutional responsibility of the Central Government and the Hong Kong Special Administrative Region.
The article emphasizes that the maintenance of national security is the top priority of any country and any government in ancient and modern China and foreign countries, and it is also a sacred responsibility shared by all citizens. Naturally, Hong Kong has no exceptions in maintaining national security. The article also pointed out that a series of violent shock events in Hong Kong in 2019 that seriously endangered public safety and destabilized society, especially foreign hostile forces took the opportunity to openly and deeply intervene, directly targeting China ’s political security and attempting to subvert China ’s legitimate regime. These These are all true reflections of the hidden dangers of major national security risks in the Hong Kong Special Administrative Region, and this situation is actually caused by the inadequate rule of law system of the Hong Kong Special Administrative Region to maintain national security, and in some cases even a long-term blank state.
The article said that regardless of the federal or unitary state, the maintenance of national security is first and foremost the central (national) authority. The legislative power belongs to the central (national) authority, and the local government can only cooperate and enforce it. The local administrative regions have the same responsibilities, there are no special exceptions, and the maintenance of national security is only the responsibility of "one country", and there is no "two systems". The special administrative region and the mainland maintain the national security of the same subject, the People ’s Republic of China. The standards for the maintenance of national security in the Special Administrative Region and the Mainland should be unified.
The article also emphasized that since the return of Hong Kong, Hong Kong has been reintegrated into China's national governance system and constitutional order. The Constitution has entered into force in the Special Administrative Region, and Chinese citizens prescribed by the Constitution on national security issues certainly include Chinese citizens in Hong Kong.
The article said that it is necessary to further study the provisions of the existing legal resources of the Hong Kong Special Administrative Region that involve national security, and make up for the deficiencies and loopholes according to the needs of the development of the times. The Central Authorized Special Administrative Region can conduct 7 specific acts that endanger national security Legislative control may adopt legal standards different from those in the Mainland. This is the provision of Article 23 of the Basic Law of the Hong Kong Special Administrative Region, that is, the Hong Kong Special Administrative Region shall legislate to prohibit any treason, split the country, incite rebellion, subvert the Central People ’s Government and steal state secrets. Acts, prohibit foreign political organizations or groups from carrying out political activities in the Hong Kong Special Administrative Region, and prohibit political organizations or groups of the Hong Kong Special Administrative Region from establishing relations with foreign political organizations or groups.
The article points out that this provision is not only an authorization clause, reflecting the central government's trust in the special administrative region; but also an obligation clause, reflecting the central government's constitutional requirements for the special administrative region. Completing Article 23 of the Basic Law is a constitutional obligation that the special administrative region must fulfill .
The article emphasizes that the possibility of having "a legal standard different from the Mainland" does not allow long-term lack of standards. This kind of authorization is not a complete authorization. The central government still retains the power to supervise the legislative content of Article 23 of the Basic Law. The Hong Kong Special Administrative Region completes Article 23 Article 1 The first responsible body of legislation is the responsibility of the central government for supervision.
The article also pointed out that it is necessary to establish and improve the enforcement mechanism of the special administrative region to maintain national security laws and strengthen the relevant law enforcement force of the special administrative region. The article says that what Hong Kong often lacks is not legislation but law enforcement.
In addition, the article mentioned that it is necessary to strengthen national security education for the general public in Hong Kong, especially young people, in order to make the young people in Hong Kong objectively and comprehensively understand their motherland and the extreme importance of national security.