Hong Kong version of the National Security Law｜Lin Zheng: Legislative and constitutional law rebukes Hong Kong independence, self-determination, referendum to endanger national security

Political situation

Written by: Lin Jian

2020-06-08 16:04

The SAR Government today (June 8) held an online seminar on the 30th anniversary of the promulgation of the Basic Law. Chief Executive Lin Zhengyue first made a speech, mentioning that the National People's Congress Standing Committee made the National Security Law for Hong Kong District completely Hong Kong constitutional and legal. She also criticized that some people have engaged in activities that undermine national security interests and sovereignty in recent years, including "Hong Kong independence," "self-determination," and referendum.

The National People's Congress passed the "Hong Kong version of the National Security Law" with 2878 votes in favor, 1 against and 6 abstentions. (Profile picture/China News Service)

Lin Zhengyue said that to understand the Basic Law, it is necessary to understand the original intention of "one country, two systems." The late Communist Party leader Deng Xiaoping was originally to safeguard national sovereignty and to maintain Hong Kong's prosperity and stability, and to give full play to Hong Kong's greatest advantages. This original intention has never changed. To understand the Basic Law, it is also necessary to understand the Chinese Constitution, because the Chinese Constitution constitutes today's system of the Special Zone.

She quoted Article 62, paragraph 2, of the National Constitution, referring to the NPC's power to supervise the implementation of the Constitution in the Special Zone. The recent establishment of the National Security Law and enforcement mechanism for Hong Kong by the National People's Congress is precisely the exercise of the responsibilities entrusted to the National People's Congress in the Constitution. Its constitutionality and legality need not be questioned. Lin Zheng mentioned that society has recently paid attention to the provisions of the Basic Law related to political economy and the protection of people’s freedom. She criticized that some people have engaged in activities that undermine national security interests and sovereignty in recent years, including "Hong Kong independence," "self-determination," and referendum.

Lin Zhengyue. (Profile picture)

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Chapter 2 of the Basic Law elaborates on the relationship between the central government and the SAR. Lin Zhengyue pointed out that the Hong Kong SAR enjoys administrative, legislative, judicial and final adjudication powers in accordance with the law, but the provisions also clearly retain the power of the central government, including the Chief Executive and principal officials. Appointment and dismissal, return of laws, defense diplomacy and other matters that are not within the scope of autonomy. Article 23 of the Basic Law is also a provision on the relationship between the central government and the SAR.

She believes that national security is the central authority. In the past, the legislative power in any country was based on trust in Hong Kong. Article 23 empowers Hong Kong to make legislation on its own, but it does not mean that the central government gives up power. She pointed out that Hong Kong is facing an increasingly severe national security situation, and it is difficult for the legislature to complete the legislative work in the foreseeable future. The Central Government cannot ignore this. Therefore, the exercise of constitutional power by the National People's Congress is completely understandable and reasonable.

Lin Zheng pointed out that the National Security Law will only punish a very small number of people, protect the vast majority of law-abiding citizens, help Hong Kong re-start after the epidemic, and consolidate and enhance the confidence of overseas investors. The SAR government will cooperate fully and invite citizens to consider the necessity of legislation And actively expressed opinions during the legislative process.

Hong Kong version of Guoan Falin Zheng Yue'e