Senior Counsel, Ching Hung, delivered a speech at the FCC luncheon yesterday (12). He mentioned that if the Hong Kong government completes the legislation of Article 23 of the Basic Law in the past, it is unnecessary for the central government to implement the Hong Kong National Security Law.
He pointed out that the "Minato National Security Law" is more complicated than the 23 legislative proposals of 2003 and it confers broader powers. For example, the proposal of that year only applies to Hong Kong permanent residents, while the "Minato National Security Law" applies to everyone. Including foreigners.
Qinghong hopes that the government will legislate for Article 23 as soon as possible and fulfill its constitutional responsibility, otherwise the central government may intervene again.
If the National Security Law is not introduced, the chaos continues or abolishes one country, two systems
Qinghong was disappointed that Article 23 legislation in 2003 hit the rocks. "If Article 23 is passed in 2003, will there be a need to enact the "Hong Kong National Security Law"?" Articles of legislation have brought nativism and extremism in Occupy Central in 2014. The revision of the Fugitive Offenders Regulations in 2019 has set off large-scale social activities, and the national security state has fallen into crisis. Therefore, the central government was forced to enact the National Security Law of Minato District.
Otherwise, the riots will continue, and the authorities may be forced to invoke Article 18 of the Basic Law, that is, when turbulence occurs in Hong Kong that cannot be controlled and endangers national unity or security, the central government can implement Chinese laws in Hong Kong and suspend or abolish one country, two systems.
Qinghong pointed out that the "Minato National Security Law" is more complicated and more powerful (much more burdensome, more sweeping in its power) than Article 23 of 2003. For example, the "Minato National Security Law" applies to all countries or regions. , And the 23 legislative proposals that year were only applicable to Hong Kong permanent residents and Chinese residents.
The National Security Law does not cover all crimes under Article 23
He said that the "Hong Kong National Security Law" does not fully cover the crimes listed in Article 23 of the Basic Law, including treason and prohibiting foreign organizations from conducting political activities in Hong Kong.
The Basic Law also stipulates that Article 23 legislation should be completed as soon as possible, and related laws and regulations should be improved. It is hoped that the government can complete Article 23 legislation as soon as possible, otherwise the Central Government may intervene again.
Qinghong said that the "Hong Kong National Security Act" encountered political resistance, but emphasized that all sovereign countries have laws to maintain national security, and that they balance national security and civil liberties in their own way. For example, the United Kingdom enacted it in all colonies Very strict national security law, the United States has greatly expanded the scope of the national security law after the September 11 terrorist attacks.
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