Hong Kong version of National Security Law｜Hong Kong and Macao Office: The Central Government may continue to formulate laws on acts that endanger national security

Political situation

Written by: Chen Chuolan

2020-07-04 12:43

The National Security Law of the Minato District was recently gazetted and came into force. There are already relevant cases. Deng Zhonghua, deputy director of the Hong Kong and Macao Affairs Office of the State Council and Wang Zhenmin, director of the Hong Kong and Macao Research Center of Tsinghua University, were interviewed by CCTV. Deng Zhonghua pointed out that the NPC’s authorization of the NPC Standing Committee is not one-off. Conviction and sentencing for actions that endanger national security.

Wang Zhenmin pointed out that the SAR government’s constitutional responsibility for national security is different from that of the central government. The central government can authorize the SAR government. The SAR government must abide by its decisions and must also obey the central government’s highest responsibilities.

Deng Zhonghua, deputy director of the Hong Kong and Macau Affairs Office of the State Council. (Picture of National Hong Kong and Macao Research Association)

Deng Zhonghua pointed out that the Central Government has constitutional responsibility for Hong Kong, and the administration of national security affairs belongs to the central authority, the basis of the National Security Law, and the "National Security Law of the Port Area" covers the laws of substantive law, procedural law and organizational law. Particularity can make Hong Kong's National Security Law an effective system.

Deng Zhonghua continued that China’s national criminal law contains more than a dozen provisions on endangering national security, but the National Security Law of the Port Area only addresses four crimes, reiterating that the NPC’s authorization to the NPC Standing Committee is not a one-off, and can continue to deal with other hazards in the future. In the conduct of Guoan, relevant laws were formulated, and convictions and sentences were imposed for acts that endangered national security.

There are still many acts of endangering national security in Hong Kong. The Standing Committee of the National People’s Congress can continue to formulate relevant laws in the future based on the actual situation in Hong Kong, and continue to convict and impose penalties on acts that endanger national security.

Deng Zhonghua emphasized that there are still many acts of endangering national security in Hong Kong, but the central authorities in Hong Kong only regulate the four criminal acts stipulated by the National Security Law of the port area, and mean that the central government does not control everything, but rather has very little control, and It means that most of the cases are under the jurisdiction of the relevant SAR agencies.

Wang Zhenmin, Director of the Hong Kong and Macau Research Center of Tsinghua University. (Profile picture)

Wang Zhenmin, director of the Hong Kong and Macau Research Center at Tsinghua University, believes that only Hong Kong in the world has no legal system and enforcement mechanism to safeguard national security. It also means that the central government has three levels of fundamental responsibility for national security. The first meaning is its inherent responsibility; the second is comprehensive responsibility; the third is the highest responsibility. The central government can make decisions for national security. The constitutional responsibilities of the central government are different from those of the central government. The central government can authorize the SAR government. The government must comply with its decisions and also obey the central government’s highest responsibilities.

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Hong Kong and Macao Affairs Office