Today marks the fifth anniversary of the promulgation and implementation of the Hong Kong National Security Law (HKNSL).
In a statement, the Hong Kong Special Administrative Region Government said the HKNSL’s implementation over the past five years has shown the law to be a “guardian” in upholding the principle of “one country, two systems” and in safeguarding the prosperity and stability of Hong Kong.
It added the HKNSL is an important and timely piece of legislation with profound historical significance.
The statement stressed that the HKNSL has enabled Hong Kong to make a major transition from chaos to order and has laid a solid legal foundation for safeguarding national sovereignty, security, and development interests.
National security, it said, forms the basis for a country’s existence and development; however, after reunification, Hong Kong had long been “undefended” with regard to national security, with anti-China elements and external forces continuously challenging the principle of “one country, two systems”, and even attempting to seize the power of governance.
The Hong Kong SAR Government iterated that unprecedented crises were brought to Hong Kong by the “anti-national education” incident in 2012; the illegal “Occupy Central” movement in 2014; and the Mongkok riot in 2016; as well as the “black-clad violence” and Hong Kong’s version of a “colour revolution”, which lasted for more than 10 months from June 2019, severely damaging Hong Kong’s societal, economic and business environment and causing the public to live in fear.
The central authorities acted decisively at a critical moment for Hong Kong, the statement added. The National People’s Congress (NPC) made a decision on May 28, 2020, on the basis of which the NPC Standing Committee enacted the HKNSL on June 30, 2020. The law was then listed under Annex III to the Basic Law for local promulgation and implementation in the Hong Kong SAR.
The statement outlined that the HKNSL addressed shortcomings and plugged loopholes in the legal system and enforcement mechanisms for safeguarding national security in Hong Kong, playing the role of a stabilising force that immediately stopped violence and curbed disorder. It said the HKNSL’s implementation was a “watershed moment” in Hong Kong’s transition from chaos to order, as stability and safety in the city have been restored by the law.
It added that thanks to the concerted efforts of the Hong Kong SAR Government, the Legislative Council and all sectors of the community, the Hong Kong SAR fulfilled its constitutional duty last year by completing the legislation of Article 23 of the Basic Law.
The Hong Kong SAR Government emphasised that the Safeguarding National Security Ordinance (SNSO), which took effect on March 23, 2024, improved the city’s legal system and enforcement mechanisms for safeguarding national security.
It said the HKNSL and the SNSO are compatible and complementary, building a strong line of defence to safeguard national security in Hong Kong.
The Hong Kong SAR Government emphasised Hong Kong’s laws safeguarding national security firmly adhere to the principle of the rule of law, while protecting rights and freedoms in accordance with the law.
The business environment, it said, has continuously improved. Hong Kong is the world’s freest economy, ranks third among global financial centres, and recently returned to the global top three economies in the world in terms of competitiveness, demonstrating that it is advancing at full steam “from stability to prosperity”.
The statement continued that Hong Kong’s laws safeguarding national security also protect human rights, with respect and protections for human rights being embodied both in the provisions of the HKNSL and the SNSO and in their implementation.
Both HKNSL Article 4 and SNSO Section 2 stipulate that human rights shall be respected and protected and that the rights and freedoms enjoyed by Hong Kong residents under the Basic Law and the provisions of the International Covenant on Civil & Political Rights (ICCPR) and the International Covenant on Economic, Social & Cultural Rights as applied to Hong Kong shall be protected in accordance with the law. These include the rights to freedom of speech, of the press, of publication, of association, of assembly, of procession and of demonstration.
The Hong Kong SAR Government said that the laws’ various provisions are in line with international standards, striking a reasonable balance between safeguarding national security and protection of fundamental rights and freedoms.
It added that the Hong Kong SAR has a solid, resilient foundation of rule of law that is well-recognised by the international community, and that the city’s law enforcement agencies take actions based on evidence and in accordance with the law.
It also outlined that the Department of Justice, by virtue of Basic Law Article 63, controls criminal prosecutions, free from any interference, while independent prosecutorial decisions for each case are made in a rigorous and objective manner, based on evidence and applicable laws and in accordance with the Prosecution Code.
Articles 2, 19 and 85 of the Basic Law specifically provide that the Hong Kong SAR enjoys independent judicial power, including that of final adjudication, and that the courts of the Hong Kong SAR shall exercise judicial power independently, free from any interference.
The statement stressed that cases will never be handled any differently owing to the occupation, political stance or background of the persons involved.
In addition, HKNSL Article 5 and SNSO Section 2 stipulate that the principles of the rule of law shall be adhered to in preventing, suppressing and imposing punishment for offences endangering national security. These include the principles of conviction and punishment only by the application of the law, the presumption of innocence, the prohibition of double jeopardy, the right of accused persons to defend themselves, and other rights in judicial proceedings that criminal suspects, defendants and other parties in judicial proceedings are entitled to under the law.
The statement highlighted that governments have an inherent right to enact laws safeguarding national security, and that this is established international practice.
It added that the HKNSL and the SNSO clearly define the elements of offences and related penalties, and precisely target an extremely small minority of people and organisations who commit acts that endanger national security, while protecting the lives and property of the general public. It stressed that law-abiding persons will not engage in acts that endanger national security and will not unwittingly violate the law, and therefore have no reason to be concerned.
Since the promulgation and implementation of the HKNSL, the statement highlighted, stability has been quickly restored in society. With the SNSO in effect, it said, the rights and freedoms of Hong Kong SAR residents and of other persons in Hong Kong are even better protected, while the economy of Hong Kong is picking up.
The Hong Kong SAR Government reiterated that safeguarding national security is an ongoing and endless commitment.
Citing the “White Paper on China’s National Security in the New Era”, published by the central authorities on May 12, it said external forces have been meddling more and more in China’s affairs, and have attempted to blockade, suppress and contain China through so-called “Hong Kong issues”.
As geopolitical risks continue to escalate, the Hong Kong SAR Government said it will strive steadfastly to safeguard national sovereignty, security and development interests, and to improve its legal system and enforcement mechanisms under the robust protection of the HKNSL and the SNSO, so as to address evolving national security risks and challenges more effectively.
The Hong Kong SAR Government will also ramp up its efforts in publicity and education, so as to raise public awareness around safeguarding national security, thereby forming a societal shield to fend off external intervention. It said this will ensure high-quality development with high-level security, contributing to a new chapter in the practice of “one country, two systems”.
