Political situation
Author: Sha Banshan
2020-05-21 20:28
Last update date: 2020-05-21 20:28The 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)
Researchers from the Hong Kong Basic Law and the Macao Basic Law Research Society under the Chinese Law Society explained that the original text of Article 23 of the Basic Law was that the SAR should "self-enact legislation." The meaning of the word "shall" in the article means that the 23 articles of legislation are A constitutional responsibility of the SAR, not 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." To this end, 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.
