Law and Order

来源 :Beijing Review | 被引量 : 0次 | 上传用户:menangchen
下载到本地 , 更方便阅读
声明 : 本文档内容版权归属内容提供方 , 如果您对本文有版权争议 , 可与客服联系进行内容授权或下架
论文部分内容阅读


The Offi ce for Safeguarding National Security of the Central People’s Government in Hong Kong Special Administrative Region is inaugurated in Hong Kong on July 8

  T he national security law for Hong Kong unanimously passed by the Standing Committee of the National People’s Congress (NPC), China’s top legislature, has attracted widespread attention. Effective immediately, it is officially known as the Law of the People’s Republic of China on Safeguarding National Security in Hong Kong Special Administrative Region (HKSAR).
  July 1 marked the 23rd anniversary of Hong Kong’s return to the motherland, and the adoption of this new law just hours before the anniversary is the best birthday gift that will help lift Hong Kong out of the turmoil of the past year. On the day the law was passed, the“pro-independence” Hong Kong National Front announced that it would disband its branch in Hong Kong. Key members such as Joshua
  Wang, Nathan Law and Agnes Chow pulled out of another political group advocating “Hong Kong independence,” demonstrating that the law is proving an effective deterrent.

Extensive support


  Anti-China forces abroad, working alongside“pro-independence” forces in Hong Kong, have been promoting riots that have seriously jeopardized China’s sovereign security. The HKSAR Government has been unable to enact laws on its own to safeguard national security in accordance with Article 23 of the Basic Law of HKSAR because of obstruction by the opposition. As national security is part of its mandate, the Central Government has created systematic and comprehensive regulations for the legal system and enforcement mechanisms for safeguarding national security in HKSAR.
  These regulations are necessary for the implementation of the “one country, two systems” principle, and to prevent, suppress and impose punishment for the offenses of secession, subversion, organization and perpetration of terrorist activities, and collusion with a foreign country or with external elements to endanger national security in relation to HKSAR.
  On May 28, the Third Session of the 13th NPC approved the Decision of the NPC on Establishing and Improving the Legal System and Enforcement Mechanisms for Safeguarding National Security in HKSAR, which marked the start of the legislative process.
  The drafting of the law is based on extensive research, including suggestions put forward by Carrie Lam, Chief Executive of HKSAR, and other major officials from the HKSAR Government. The Hong Kong and Macao Affairs Office of the State Council and the Liaison Offi ce of the Central People’s Government in HKSAR listened to national legislators and political advisors from Hong Kong as well as representatives from various sectors in Hong Kong. The draft text went through a number of modifi cations so that the law best reflects specific local conditions and represents local residents’ opinions.

A targeted law


  Secession, subversion, organization and perpetration of terrorist activities are the offenses listed in the law, alongside collusion with a foreign country or with external elements to endanger national security.
  Making these four acts offenses targets a very small number of people, mainly those colluding with external forces to promote riots and violence that have undermined national security and stability since Hong Kong’s return. The law is by no means designed to curb Hong Kong residents’ freedoms as some have assumed.
  The law stipulates that human rights shall be respected and protected in safeguarding national security in HKSAR. The rights and freedoms, including the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration, which the residents of Hong Kong enjoy under the Basic Law and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong, shall be protected.


People take part in a parade in Hong Kong to celebrate the 23rd anniversary of Hong Kong’s return to the motherland on July 1

  The national security law helps shield Hong Kong from turmoil, maintain its stability and prosperity, and safeguard its democracy, freedom, diversity and openness. The goal is to ensure Hong Kong residents’ safety and protect them from being intimidated or assaulted by rioters, and also to ensure the safety of international capital and personnel in Hong Kong.
  The law is not retroactive. Thus, Hong Kong residents who endangered national security by committing acts now deemed offenses, such as participating in “pro-independence” protests before the law’s entry into force, will not be held accountable as long as they cease committing acts against national security. Those who continue to commit such acts after the law entered into force will be punished according to the law, with the severest punishment being life imprisonment.
  The introduction of the law has been hailed by the vast majority of local residents as a positive step, while only a small number of “independence” supporters feel worried. These different responses are already telling something.

High degree of autonomy intact


  The law stipulates the way in which the legal system and enforcement mechanisms operate at both national and regional levels. There are two major institutions responsible for implementing the laws: the Office for Safeguarding National Security of the Central People’s Government in HKSAR, and the Committee for Safeguarding National Security of HKSAR. Some claim this structure will undermine the high degree of autonomy enjoyed by HKSAR. However, the law will not hurt the region’s high degree of autonomy as the arrangement is made based on full consideration of the complicated security situation in Hong Kong.   As acts against national security since Hong Kong’s return reveal, risks are posed not only by those advocating “Hong Kong independence,”but also by external forces such as those in the United States. Hong Kong is an SAR of China, the foreign affairs and national defense of which are administered by the Central Government. In the face of external elements, HKSAR may feel incapable of handling these issues. In that case, the Central Government will have to take charge. Therefore, HKSAR and the Central Government have different law-enforcement powers to be used against the various offenses against national security.
  The law shall apply to offenses committed in HKSAR by any person. An offense shall be deemed to have been committed in HKSAR if an act constituting the offense or the consequence of the offense occurs in the region. It shall also apply to offenses committed on board a vessel or aircraft registered in the region, and to a person who is a permanent resident of HKSAR or an incorporated or unincorporated body such as a company or an organization that is set up in the region if the person or the body commits an offense outside the region.
  Of these offenses, Hong Kong is able to deal with only some of the cases through its own legal system and enforcement mechanisms. The Offi ce for Safeguarding National Security of the Central People’s Government in HKSAR shall, upon approval by the Central Government of a request made by the HKSAR Government or by the offi ce itself, exercise jurisdiction over a case if: (1) the case is complex due to the involvement of a foreign country or external elements, thus making it diffi cult for the region to exercise jurisdiction; (2) a serious situation occurs when the HKSAR Government is unable to effectively enforce the national security law; or (3) a major and imminent threat to national security has occurred.
其他文献
While the SARS virus in 2003 and the 2008-2009 global economic crisis both affected the global tourism industry to different extent, the impacts of the events were far from severe compared with the no
期刊
Before the introduction of an integrated online-offline one-stop public service system, one had to apply to four government departments to get approval for opening a restaurant in Shanghai. The proces
期刊
After traveling for a week, the fi- nal satellite in the BeiDou family reached its intended geostationary orbit on June 30. The 55th one in the constellation, it finally completed the BeiDou Navigatio
期刊
With the Chinese economy moving toward high quality-oriented development from being manufacturing- and export-driven, the focus is on nurturing three“new economies”—new industries, new formats and new
期刊
The bustling coastal city of Shenzhen in Guangdong Province, south China, has a special place in the country’s economic development. This is where the fi rst special economic zone was established in 1
期刊
Fighting the novel coronavirus disease(COVID-19) has been a family affair for Liu Yuanli, a professor of health policy and management and Dean of the School of Public Health at the Chinese Academy of
期刊
Six years after Xi Jinping: The Governance of China was fi rst published, the third volume has recently been released in Chinese and English editions. Published by the Beijing-based Foreign Languages
期刊
Brazilian President Jair Bolsonaro announced on July 7 that he tested positive for the novel coronavirus disease (COVID-19). The 65-year-old is considered to be in the high-risk age group for the viru
期刊
Li Mengrong is among the 10 lucky graduates at the Nanjing University of Posts and Telecommunications who had their tassels turned by the university president—with the help of a robot.  Li joined the
期刊
Students wave after finishing the college entrance exam in Wenan County, Hebei Province in north China, on July 8  For the first time in academic history, students taking this year’s national college
期刊