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Written by: Huang Yunna
2020-05-23 16:53
Last update date: 2020-05-23 16:53Legislative issues of Article 23 of the Basic Law have remained unresolved for many years. The just-convened National People's Congress meeting suddenly announced that it will authorize the Standing Committee of the National People's Congress to personally formulate a draft of the "Hong Kong version of the National Security Law". This has cast a "super shock bomb" on Hong Kong, which is not calm. . Many people were panicked in time, some planned immigration, some sold stocks, some worried that they could not mourn June 4th, and some were worried about going over the Internet on the Internet ... Even the former president of the Legislative Council, Zeng Yucheng, who was accustomed to the storm, accepted an interview with "Hong Kong 01" Shi also described that the Central Committee ’s actions were “unexpected” because he only recently publicly analyzed and concluded that the Central Committee could not specifically formulate a National Security Law specifically applicable to Hong Kong, and then included Article 18 in the “Annex” through Article 18 of the Basic Law. "Three" and implemented directly in Hong Kong.
The "Draft" is unexpected, but not incomprehensible
On the eve of the convening of the National People's Congress and the National People's Congress of the People's Republic of China, the Port People's Congress Chen Manqi has announced that the proposal will be drafted by the Central People's Republic of China "Hong Kong Special Administrative Region Maintenance of National Security Law", and then included in "Annex 3" in accordance with Article 18 of the Basic Law, which will be implemented directly in Hong Kong without local legislation. However, Zeng Yucheng's analysis in "Breaking Insights", the central government must first explain three major issues-whether "maintaining national security" is "defense diplomacy" or "SAR autonomy"; the "National Security Law" for Hong Kong Whether it is a "national law"; even if it is included in "Annex 3", will it be compatible with "common law"-otherwise it will not work at all.
Two days later, "Hong Kong 01" reported exclusively on May 21 that the National People's Congress may tailor the resolution to "Hong Kong version of the National Security Law" for Hong Kong; Proposal to Establish and Improve the Legal System and Implementation Mechanism of the Hong Kong Special Administrative Region to Maintain National Security (Draft). "
"It's really unexpected. I've never heard the Central People's Government think this way before." Jasper Cheng, who retired from the Legislative Council in 2016 and faded out of the core of the DAB and focused on Hong Kong's policy research, admitted that he was quite surprised by the Central People's move. , But not incomprehensible. After carefully reading the "Draft" and "Draft Notes", he has some new views on the three major issues he raised.
The National People's Congress meeting tailor-made the "Hong Kong version of the National Security Law" for Hong Kong. The relevant agenda is entitled "Consideration of the Proposal on the" Decision of the National People's Congress on Establishing and Improving the Legal System and Enforcement Mechanism of the Hong Kong Special Administrative Region to Maintain National Security (Draft) " . (Reuters)
First of all, he believes that "maintaining national security" is not just a matter of "SAR autonomy", nor can it be solely the responsibility of the SAR government. The central government gave Hong Kong the responsibility of "self-legislation" rather than authorizing Hong Kong to "manage itself", just like the Basic Law The distribution of the provisions of the former belongs to Chapter 2 "Relationship between the Central Government and the Special Administrative Region", which is different from the self-management affairs mentioned in Chapters 5 to 7. Secondly, he agrees with the Mainland constitutional scholars that the criterion for "national law" lies in "Formulation agency" rather than "geographic space", any law passed by the National People's Congress is "national law", such as the "Government Law of the Hong Kong Special Administrative Region of the People's Republic of China"; finally, he believes that he is responsible for formulating the "Hong Kong version of the National Security Law" The Standing Committee of the National People ’s Congress will certainly consult Hong Kong experts and even invite them to participate in legislative work to ensure that the legal content meets the requirements of the common law so that the Hong Kong courts can deal with it.
Some people shouted "Recover", but actually thought "Hong Kong independence"
"Why did the central government take action? The most fundamental question is whether there is currently the necessity and urgency of" establishing and improving the legal system and enforcement mechanism for safeguarding national security in Hong Kong "? In fact, at the end of last year, the Fourth Plenary Session of the 19th CPC Central Committee I mentioned it, but many people thought it was just talk. However, judging from what happened in the past six months, we cannot fail to admit that Hong Kong has already experienced some challenges to national sovereignty, endangering national security, and impacting one country, two systems. Serious. The problem is that we do not have laws and mechanisms to curb the situation, which makes the situation quite serious. "Zeng Yucheng said, similar to Wang Chen, the deputy committee of the Standing Committee of the National People's Congress, explained yesterday that the" Draft "is similar in time-Article 23 of the Basic Law The problem has been violently intervened by anti-China chaos in Hong Kong and external forces have been severely stigmatized and demonized. It is difficult for the SAR to make legislation on its own. It may even be shelved for a long time, resulting in a "short board" for maintaining national security; After the "Rituals", the reactionary forces openly advocated "Hong Kong independence" and "self-determination" and engaged in the activities of splitting the country, making Hong Kong's national security risks increasingly prominent. It is necessary to deal with the splitting of the country, subversion of the state's power, and organization of terrorism from the national level. Legislation on four major crimes including activities and intervention activities by foreign and foreign forces.
Zeng Yucheng pointed out, "They shouted" Generation Revolution, to restore Hong Kong ", on the surface they argued that it was not Hong Kong independence, and secretly said that there is no difference between the two." (Photo / Photo by Lu Yiming)
However, many citizens participating in anti-amendment activities may think that last year they were only dissatisfied with the SAR government ’s forced amendments instead of insisting on "subverting state power" and "destroying one country, two systems." "Rectify Hong Kong by reason".
"Some people" feel it or not "is the same thing, and we have to look at the facts. Why are the four major crimes primarily aimed at" dividing the country "? Because" Hong Kong independence "is becoming more and more arrogant, and the new crown pneumonia epidemic has retreated, they will start gatherings Even if I sing, I chanted "Hong Kong's independence, the only way out" everywhere. Can this be regarded as a manifestation of "free speech"? No! "Zeng Yucheng hopes that Hong Kong people can look at the behavior objectively and honestly." They shouted "Generation Revolution, Restoring Hong Kong", arguing on the surface that it is not Hong Kong independence, and secretly saying that there is no difference between the two. This is hardly regarded as an act of "dividing the country."
Hong Kong has become a US bargaining chip, foreign intervention must be curbed
As for the last "intervention of foreign and foreign forces" among the four major crimes, Zeng Yucheng reminded that it must be placed in a "China-US game" to understand the relevant issues, because Hong Kong has become the "chip" of the United States, but the reason for the United States Intervention in Hong Kong does not support Hong Kong ’s independence, but hopes that Hong Kong will practice the one country, two systems that the United States wants. He also mentioned that looking back at the United States ’interventions in the world over the past three decades (except Iraq), all of them did not need to send troops to fight, not to mention the sharp swords, but they could successfully nurture pro-American forces, subvert the local regime, and create color. Revolution; and the most common means in the United States is to encourage the organization of local opposition forces, through assembly, traffic jams, and strikes to force the government to accept the so-called appeals.
In fact, when the "Draft" was put on the agenda of the National People's Congress, US President Trump has predicted that he will make a very strong response; US Secretary of State Pompeo even issued a statement, saying that it may affect the assessment of Hong Kong's status, and the US side Will travel with Hong Kong people; US Republican Congressman Perry (Scott Perry) even proposed a bill authorizing Trump to recognize Hong Kong as an independent country. All of them were awe-inspiring in the name of "freedom", as if there were no "National Security Laws" in the local area that restricted personal freedom.
When the "Draft" was put on the agenda of the NPC session, US President Trump has announced that he will make a very strong response (AP)
"So, the" Hong Kong version of the National Security Law "is extremely targeted and realistic. I also believe that most people will not commit four major criminal offences because they participate in a peaceful assembly. For example, attending the June 4 memorial service, first It depends on whether you intend to split the country and subvert the government. If you do not have any actual actions and do not organize terrorist activities, then there is no problem. "Some netizens worry that the" Hong Kong version of the National Security Law "will rush to delete Facebook with conviction. , Telegram and "Liandeng Discussion Forum" and other social platforms and communication program accounts, Zeng Yucheng said with a smile, "If they converge, it's not bad."
The general public is 100% hypocritical, the "Hong Kong version of the National Security Law" is not 23
However, the pan-democrats do not take it for granted. The night the NPC announced its agenda, they immediately held a press conference and criticized the NPC for bypassing the local Legislative Council to formulate the "Hong Kong version of the National Security Law." "One country, two systems" died and announced the implementation of "one country, one system".
"These words are very offensive. They are 100% hypocritical! What is the National People's Congress bypassing local legislation? The problem is that for so many years, the reason why Article 23 failed to legislate on its own was not because of your desperate obstruction? Waiting for you 23 years, even in 2003, it has been 17 years. You have always said that you ca n’t do it, you ca n’t do it, and Hong Kong will die as soon as you do it. Now the central government will do it yourself, and you say why you should n’t let us do it. How can this be done? It looks completely breathtaking! "Jasper Tseng believes that" clear-eyed people "will not see the hypocrisy of the general public; he also believes that" if the central government wants to implement "one country, one system", there is no need to make it so complicated, During the storm, you can dispatch the People's Liberation Army, or even directly introduce the "National Security Law of China." The reason why you are now establishing laws and mechanisms to maintain national security is to do your best to maintain "one country, two systems."
The Pan-Democrats criticized the National People's Congress for bypassing the local Legislative Council to formulate the "Hong Kong version of the National Security Law", which is a flagrant violation of the Constitutional power granted by the Basic Law to Hong Kong to legislate on national security issues. The implementation of "one system". (Profile picture / Photo by Liu Jinhua)
Regardless of political considerations, Zeng Yucheng emphasized that the "Hong Kong version of the National Security Law" is not intended to replace Article 23 of the Basic Law. First of all, the 23 articles mainly cover seven crimes including treason, secession, incitement to rebellion, subversion of the Central People ’s Government, theft of state secrets, political activities by foreign political organizations, and association between Hong Kong political organizations and foreign political organizations. The four major crimes targeted are not completely overlapping. Secondly, Article 23 stipulates that the SAR government "should make legislation on its own" to prohibit the above-mentioned acts and activities. From the word "shall", it is better to say that it is a "responsibility clause" than a "authorization clause". After giving the SAR government its own responsibility to legislate to safeguard national security, it does not have to shoulder the same responsibility; in other words, the SAR government still needs to advance the legislative work of Article 23 of the Basic Law.
As long as "Hong Kong people govern Hong Kong", the central government will not "care about everything"
"The problem is that from the current political reality, it is difficult for the SAR government to fulfill this constitutional responsibility." Zeng Yucheng sighed. After the legislative turmoil in 2003, 23 articles have been deliberately manipulated into "demons and ghosts", and the political party will not mention The government is even more reluctant to mention, and even thinks it is not worth mentioning, so as not to cause social conflicts again. As a result, Hong Kong escaped for 17 years. Some people think that as long as we promote economic development and do a good job in people's livelihood, we can naturally create a favorable environment for national security legislation, but Zeng Yucheng disagrees with the relevant saying, "Because the problem of" maintaining national security "is" demonized "has never been taken seriously, like" Ostrich policy. "
According to Jasper Cheng's analysis, "national security", "universal elections" and "national education" can be described as the three major problems of practicing one country, two systems, and the latter is the core of all problems. Unfortunately, since the early days of the reunification, the SAR government has never felt the need to strengthen promotion The work of Hong Kong people's national identity. He recalled that when Dong Jianhua was the Chief Executive, he once proposed that everyone in Hong Kong is responsible for safeguarding the interests and reputation of the country, but then someone refuted the article in the newspaper-"Sorry, Mr. Dong, I am a Hong Konger, I have no obligation "Maintaining the interests and reputation of the country"-Zeng Yucheng was very impressed with this past. "Many people may really think so, and you can hardly blame them for thinking so, because no one has ever educated them well."
Zeng Yucheng believes that "the government may say that how many committees were established, how many think tanks were found, how much money was spent, and how many reports were written, but in fact, they could not solve the problem at all." (Photo / Photo by Gao Zhongming)
"I asked whether the young people of the DAB are Chinese? Some people say they take Chinese passports, so they are Chinese, and some say they have yellow skin and black hair, so they are Chinese. However, many people have multiple nationalities and hold There are many passports, and the Japanese are also yellow-skinned and black-haired, but they are not Chinese. What should we do with this problem? "Said Jasper Tsang. The most ironic and disappointing thing is," Hong Kong has returned for many years and celebrated every year. However, we do n’t seem to have done much meaningful things. In the face of the three major problems, we have never seriously hired experts and set up specialized departments to study how to solve them. "
Over time, many problems have become slogans, and the core problem has become a beast of floods-without "national awareness", and impeachment to maintain "national security"? "The government may say how many committees were established, how many think tanks were found, how much money was spent, and how many reports were written, but in fact, they could not solve the problem at all." Zeng Yucheng said, based on Wen Jiabao, who was then Premier of the State Council in 2005, " For example, "Deep Contradictions in Hong Kong", "What have we said for more than ten years? What are" deep contradictions "? What has the government solved? The current Chief Executive (Lin Cheng Yuee) also started to say these five words last year I feel that I just want to divert my attention, not to fix the whole set of issues involving governance models, social structure, national consciousness, etc. "
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