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National People's Congress decision on Hong Kong national security legislation

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This article is about a national legislation to be enacted by the National People's Congress. For territorial legislative provisions for Article 23, see National Security (Legislative Provisions) Bill 2003.

Decision on Hong Kong national security legislation
National People's Congress
  • Decision of the National People's Congress to Establish and Improve a Legal Framework and Enforcement Mechanism for Safeguarding National Security in the Hong Kong Special Administrative Region[1]
Territorial extentNational Law of the People's Republic of China (including Hong Kong)
Enacted byNational People's Congress
Legislative history
Introduced byStanding Committee of the National People's Congress
Introduced21 May 2020
Status: Pending
National People's Congress decision on Hong Kong national security legislation
Simplified Chinese全国人民代表大会关于建立健全香港特别行政区维护国家安全的法律制度和执行机制的决定（草案）
Traditional Chinese全國人民代表大會關於建立健全香港特別行政區維護國家安全的法律制度和執行機制的決定（草案）

The draft decision to establish and improve a legal framework and enforcement mechanism for safeguarding national security in the Hong Kong Special Administrative Region,[1] commonly referred to as the Hong Kong national security law,[2][3][4][5] is a bill[6] that is currently being deliberated on the third session of the thirteenth National People's Congress, held from 22 May 2020 to 28 May 2020, and is scheduled to be voted on at the end of the session on 28 May 2020.[7]

The draft decision covers five aspects, including improving national security and preventing external interference in Hong Kong's affairs.[8] The law is intended to put in place "law-based and forceful measures" prohibiting activities described as having "seriously challenged the bottom line of the 'one country, two systems' principle, harmed the rule of law, and threatened national sovereignty, security and development interests".[9] In addition to outlawing subversion, separatism, or acts of foreign interference against the central government, "security organs" will be set up in Hong Kong.[10][11]

Critics, who include the opposition pan-democratic camp, human rights organisations, and politicians abroad, see a threat to one country, two systems principle, the rule of law and civil liberties; supporters, including state media and the local pro-Beijing camp, reject such criticism as promoted by "rioters", and a necessary "response to national security concerns".[12]

Unlike the National Security (Legislative Provisions) Bill 2003, an ordinary piece of legislation submitted to the Legislative Council (LegCo) to comply with the constitutional requirements of Article 23 of the Basic Law to enact laws in that connection,[13] the decision authorises the enactment of a national security law by inclusion in Annex III of the Basic Law, which does not require a vote in the LegCo.[14] The constitutionality of the inclusion of such laws in Annex III has been disputed by the Hong Kong Bar Association.[15]

Background

The Hong Kong government in 2003 attempted to enact the National Security (Legislative Provisions) Bill 2003 to comply with the requirement under Article 23 of the Basic Law that it should enact national security legislation "on its own". However, the bill was abandoned after mass demonstrations.[16]

An extradition law amendment bill proposing to allow extradition to China was proposed in 2019, sparking the 2019–2020 Hong Kong protests, later to be withdrawn.[17] The South China Morning Post reported that the central government was of the view that the political climate in Hong Kong would preclude the passage of a bill under Article 23, and so resorted to enactment through the National People's Congress instead.[2]

Content

The draft comprises 7 articles, translated as below with notable passages underlined:[18]

  1. The country shall comprehensively implement the policy of "one country, two systems" and the high degree of autonomy that Hong Kong enjoys, while maintaining the constitution and the constitutional order established by the HKSAR Basic Law. It shall also establish a sound legal system in the HKSAR to maintain national security, preventing and penalising activities that endanger national security.
  2. The country objects to any foreign interference to the affairs of the HKSAR, and will employ any necessary counter-measures, preventing and penalising any foreign activities in Hong Kong aiming for secession, subversion, penetration, and destruction.
  3. It is the constitutional responsibility of the HKSAR to maintain the sovereignty and unity of the country. The HKSAR shall legislate national security law according to the Basic Law as soon as possible. The executive, legislature, and judiciary of the HKSAR shall prevent and penalise actions that endanger national security according to the related law.
  4. The HKSAR shall construct a sound organisation and mechanism to maintain national security, and reinforce the work of maintaining national security. Organizations in the Central People's Government responsible for national security may set up organizations in the HKSAR in order to fulfill the responsibility of maintaining national security.
  5. The HKSAR chief executive shall periodically submit a report on the work of maintaining national security, education on national security, and prohibition of actions endangering national security.
  6. The Standing Committee of the National People's Congress is authorized to enact laws in order to build a sound legal system in the HKSAR to maintain national security and to prevent and penalise foreign interference of Hong Kong affairs and any actions that endanger national security such as secession, subversion, and organisation of terrorism acts. The Standing Committee of the National People's Congress decides to list the aforementioned laws into the Annex III of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which is to be enforced by the HKSAR.
  7. This decision is effective starting from the day of announcement.

Domestic responses

The Hong Kong Bar Association issued a statement raising three concerns.[15] First, the association suggested that Article 18(3) provides that NPCSC decisions of this type should only concern matters ‘outside the limits’ of the HKSAR's autonomy, but national security is within those limits according to Article 23, suggesting that the decision could not therefore be in compliance with the Basic Law. Second, the association suggested that consultation was inadequate and that there was no guarantee that any eventual law would comply with the International Covenant on Civil and Political Rights, which is "entrenched in the Basic Law". Third, the presence of Mainland security organs mooted by Article 4 of the Decision did not make clear whether their agents would be required to comply with Hong Kong law, or how their deployment could be compatible with Article 22(1) of the Basic Law, which proscribes interference in affairs administered by the HKSAR 'on its own'.

Supporters

On 22 May 2020, the Chief Executive Carrie Lam issued a statement stating that the HKSAR government will fully cooperate with the Standing Committee of the NPC to complete the legislation. At a press conference on the same day, she attributed the rapid drop in the stock market after the announcement of the draft decision as part of the usual market "ups and downs", saying that the decision will offer businesses a stable environment.[19]

Andrew Leung, the president of the Legislative Council, commented that the decision is in the overall interest of the country. Martin Liao, the convener of pro-establishment lawmakers, remarked that the NPC is exercising its constitutional power and responsibility as the highest organ of the State power to safeguard national security.[20]

On 24 May 2020. China's foreign minister Wang Yi says there's is a "political virus" in the US and that both countries are on the "brink of a new cold war" due to tensions over Hong Kong's status and coronavirus issues.[21]

The New York Times reported that state media painted laws proposed by the decision as "necessary to protect the rule of the Communist Party", writing further that "China’s propaganda machine went into full gear as the government sought to defend new laws aimed at limiting dissent and protest in Hong Kong."[22]

Opponents

File:Hong Kong protest against proposed national security law on 24 May 2020.jpg
Hundreds took to the street to demonstrate against the proposed national security law on 24 May 2020.

The pro-democratic politician Lee Cheuk-yan expressed his worry that the proposed law could be arbitrarily used as a "one-size-fits-all" charge against activists, using the Nobel Peace Prize laureate Liu Xiaobo as an example, who was sentenced to a prison term of 11 years for "inciting subversion".[23]

Tanya Chan, the convener of pro-democratic camp, commented that the drafted decision confirmed that Hong Kong is changing from "One country, Two systems" to "One country, One system", saying that the Chinese government is intervening in Hong Kong matters in all aspects.[12]

The social activist Joshua Wong has described the drafted decision as the Chinese Communist Party’s attempt to wipe out Hong Kong's connection to the international community, saying that the drafted law may be used to incriminate the political party Demosisto for promoting the Hong Kong Human Rights and Democracy Act.[12]

The convener of the Civil Human Rights Front, Jimmy Sham, described the law as the "the largest nuclear weapon the Chinese Communist Party has used in its mutual destruction of Hong Kong".[24]

On 24 May 2020 a rally occurred to protest against the proposed security law. It was the biggest protest in Hong Kong since the beginning of the coronavirus pandemic.[25] For the first time in two months, the police deployed tear gas in an attempt to disperse the protesters.[26]

International responses

Joint Statement from the UK, Australia and Canada

On 22 May 2020, UK Foreign Secretary Dominic Raab, Australian Foreign Minister Marise Payne and Canadian Foreign Minister François-Philippe Champagne released a joint statement in response to Hong Kong's new security law. The statement states China should continue to implement the legally binding Joint Declaration, signed by China and the UK, which shall provide that rights and freedom of those involved and ensure Hong Kong's high degree of autonomy. The provisions of the UN covenants on human rights, including International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights shall remain in force. It adds that the draft of such law without involvement of consulting legislation, people and judiciary disrupts "One country, two systems."[27]

Joint statement from 201 parliamentarians

Chris Patten and 200 other parliamentarians from 23 countries released a statement condemning the decision. They alleged that the "unilateral introduction of national security legislation" threatened "one country, two systems", Hong Kong's autonomy, and its inhabitants' freedom. Signatories included legislators from the United States, the European Union at a member state and union level, and Southeast Asia.[28][29]

European Union

On 22 May 2020, Peter Stano, the lead spokesperson of the European Union, issued a press release. It writes that "One Country Two Systems" principle "attaches great importance to the preservation of Hong Kong’s high degree of autonomy, in line with the Basic Law and with international commitments, as well as to the respect for this principle. Consultation of people and respect on human rights and freedom should be done before the adoption of national security legislation, as foreseen in Article 23 of the Basic Law, while also upholding Hong Kong’s autonomy and the ‘One Country Two Systems’ principle."[30]

Switzerland

On 22 May 2020, the Swiss Federal Department of Foreign Affairs issued a statement on Twitter, writing the security law should go through legislation first, and that Switzerland attaches great importance to upholding the principle of "one country, two systems."[31]

Taiwan

On 22 May 2020, Taiwan's ruling party, the Democratic Progressive Party, said that if the legislation passes, it would change Hong Kong's fate forever, and that it would tell the world that "the ‘one country, two systems’ concept is dead." Kuomintang, the opposition party, also called on Beijing to respect and uphold Hong Kong's autonomy, freedom of speech and freedom of assembly.[32]

United States

On 21 May 2020, President Donald Trump told reporters that he does not know what the legislation is, but "if it happens, we'll address that issue very strongly."[33][34] On 22 May 2020, Secretary of State Mike Pompeo said in a statement that "the United States strongly urges Beijing to reconsider its disastrous proposal, abide by its international obligations, and respect Hong Kong's high degree of autonomy, democratic institutions, and civil liberties." He added that the United States will stand with the people of Hong Kong.[35] On the same day, Senior Advisor Kevin Hassett told reporters that the United States was "studying what our possible response could be."[36] Two US senators, Republican Pat Toomey and Democrat Chris Van Hollen, said they plan to introduce a bill that "would introduce legislation to impose sanctions on Chinese officials for violating Hong Kong’s independence."[37]

On 24 May 2020, White House National Security Adviser Robert O'Brien says the U.S. will impose sanctions on Hong Kong and Mainland China if the security law is passed.[38]

References

  1. ^ a b "Foreign Ministry Spokesperson's Remarks on the Hong Kong-related Agenda of the National People's Congress". 22 May 2020.
  2. ^ a b "Beijing loses patience and pushes ahead with Hong Kong national security law". South China Morning Post. 21 May 2020. Archived from the original on 21 May 2020. Retrieved 22 May 2020.
  3. ^ Gan, Nectar (23 May 2020). "A national security law is coming to Hong Kong. Here's how it has been used to crush dissent in China". CNN. Archived from the original on 23 May 2020. Retrieved 23 May 2020.
  4. ^ "China's new law: Why is Hong Kong worried?". BBC News. 22 May 2020. Archived from the original on 23 May 2020. Retrieved 23 May 2020.
  5. ^ GT staff (22 May 2020). "HK national security law 'almost ready to be enacted'". Global Times. Retrieved 23 May 2020.
  6. ^ "Presidium elected, agenda set for China's annual legislative session". National People's Congress of the People's Republic of China. 22 May 2020. Retrieved 22 May 2020.
  7. ^ "Draft decision on HK national security legislation submitted to NPC". 22 May 2020. Retrieved 22 May 2020.
  8. ^ mingmei (22 May 2020). "China Focus: Draft decision on HK national security legislation submitted to NPC". Xinhua News Agency. Archived from the original on 22 May 2020. Retrieved 22 May 2020.
  9. ^ mingmei (22 May 2020). "Draft decision on HK national security legislation submitted to NPC". Xinhua News Agency. Retrieved 22 May 2020.
  10. ^ Kuo, Lily; Davidson, Helen (22 May 2020). "Hong Kong crisis: China presents security laws banning subversion and separatism". The Guardian. Archived from the original on 22 May 2020. Retrieved 22 May 2020.
  11. ^ "NPC: China begins move to impose controversial Hong Kong security law". BBC News. 22 May 2020. Archived from the original on 22 May 2020. Retrieved 22 May 2020.
  12. ^ a b c "'This is the end of Hong Kong': Reactions pour in as Beijing proposes security law". Hong Kong Free Press. 22 May 2020. Archived from the original on 22 May 2020. Retrieved 22 May 2020.
  13. ^ "Full Text of the Constitution and the Basic Law – pda – chapter (2)". Government of Hong Kong. Archived from the original on 22 May 2020. Retrieved 22 May 2020.
  14. ^ "'Highly necessary': Beijing to discuss enacting national security law in Hong Kong following months of protest". Hong Kong Free Press. 21 May 2020. Archived from the original on 21 May 2020. Retrieved 22 May 2020.
  15. ^ a b "Statement of the Hong Kong Bar Association on proposal of National People's Congress to enact National Security Law in Hong Kong" (PDF). Hong Kong Bar Association. 25 May 2020. Archived (PDF) from the original on 25 May 2020. Retrieved 25 May 2020.
  16. ^ "Huge protest fills HK streets". CNN. 2 July 2003. Archived from the original on 17 February 2020. Retrieved 25 May 2020.
  17. ^ "Hong Kong leader withdraws extradition bill, sets up platform to examine protest causes". South China Morning Post. 4 September 2019. Archived from the original on 4 September 2019. Retrieved 22 May 2020.
  18. ^ "港區國安法草案全文 (13:20)". Ming Pao (in Chinese). 22 May 2020. Retrieved 23 May 2020.
  19. ^ "Hong Kong to 'fully cooperate' with Beijing's plan to enact security laws, leader Carrie Lam says". Hong Kong Free Press. 22 May 2020. Archived from the original on 22 May 2020. Retrieved 23 May 2020.
  20. ^ "National security legislation 'in the city's interests'". chinadailyhk. Retrieved 23 May 2020.
  21. ^ "US, China nearing 'brink of new Cold War': Chinese foreign minister". Arab News. 24 May 2020. Retrieved 24 May 2020.
  22. ^ "China Deploys Propaganda Machine to Defend Move Against Hong Kong". New York Time. 23 May 2020. Archived from the original on 23 May 2020. Retrieved 23 May 2020.
  23. ^ "What Beijing's national security law for Hong Kong covers, who should worry?". South China Morning Post. 22 May 2020. Archived from the original on 22 May 2020. Retrieved 23 May 2020.
  24. ^ "Outrage in HK over security law". Taipei Times. Agence France-Presse. 23 May 2020. Retrieved 24 May 2020.
  25. ^ "Hong Kong police fire tear gas on biggest protests since coronavirus curbs". CNBC. 24 May 2020. Archived from the original on 24 May 2020. Retrieved 24 May 2020.
  26. ^ Lam, Eric (24 May 2020). "Hong Kong Protests Roar Back After China Tightens Grip on City". Bloomberg. Retrieved 24 May 2020.
  27. ^ "Joint Statement from the UK, Australia and Canada on Hong Kong". Government of the United Kingdom. Archived from the original on 22 May 2020. Retrieved 22 May 2020.
  28. ^ https://hongkongfp.com/2020/05/24/in-full-191-parliamentarians-and-policymakers-from-23-countries-slam-beijing-for-assault-on-hong-kong-freedoms-and-rule-of-law/
  29. ^ "Parliamentarians, policymakers from 23 countries condemn Hong Kong national security law". South China Morning Post. 24 May 2020. Archived from the original on 24 May 2020. Retrieved 24 May 2020.
  30. ^ "Declaration by the High Representative, on behalf of the European Union, on the announcement by China's National People's Congress spokesperson regarding Hong Kong". Europa (web portal). Archived from the original on 23 May 2020. Retrieved 22 May 2020.
  31. ^ SwissMFA [Swiss Federal Department of Foreign Affairs] (22 May 2020). "Hong Kong: Switzerland's position". Tweet. Archived from the original on 22 May 2020. Retrieved 24 May 2020. Switzerland attaches great importance to upholding the principle of "One country — Two systems". Civil liberties, independence of the judiciary and extensive self-administration are the basis for the success achieved so far and are a sign of Hong Kong's attractiveness as a business location. This is also evidenced by the large presence of Swiss companies. A democratic, non-violent debate in Hong Kong is the best way to preserve these achievements also in the context of a possible legislation on national security.[non-primary source needed]
  32. ^ Lee, Hsin-fang; Chung, Li-hua; Chung, Jake (23 May 2020). "Taiwan united in condemning HK law". Taipei Times. Retrieved 23 May 2020.
  33. ^ Pomfret, James (22 May 2020). "China set to impose new Hong Kong security law, Trump warns of strong U.S. reaction". Reuters. Archived from the original on 23 May 2020. Retrieved 23 May 2020.
  34. ^ "Trump warns China of strong US response – NHK WORLD-JAPAN News". NHK WORLD. 22 May 2020. Retrieved 23 May 2020.
  35. ^ Hansler, Jennifer (22 May 2020). "Pompeo condemns China's proposed Hong Kong national security law". CNN. Archived from the original on 22 May 2020. Retrieved 23 May 2020.
  36. ^ "White House adviser: China's Hong Kong move will hurt its economy". U.S. Reuters Editorial. 22 May 2020. Archived from the original on 23 May 2020. Retrieved 23 May 2020.
  37. ^ Patricia Zengerle (22 May 2020). "U.S. senators seek to sanction Chinese officials over Hong Kong". Reuters. Archived from the original on 22 May 2020. Retrieved 23 May 2020.
  38. ^ "China takeover of Hong Kong could lead to U.S. sanctions -White House". Reuters. 24 May 2020. Archived from the original on 24 May 2020. Retrieved 24 May 2020.

See also

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