Hong Kong Legal Community: Legislation to Safeguard National Security in Accordance with International Customs

2024-02-18

The Hong Kong SAR government conducted public consultation on the legislation of Article 23 of the Basic Law of Hong Kong from January 30 to February 28. Hong Kong legal professionals have expressed that legislation to safeguard national security is in line with international practice and is "necessary" and "to be done as soon as possible.". Professor Gu Minkang from the Education University of Hong Kong and Executive President of the Hong Kong Basic Law Education Association stated that almost all countries in the world attach importance to national security legislation. National security is related to the survival of the country and must be maintained through specialized laws. Hong Kong is a special administrative region of China with constitutional responsibility for safeguarding national security. Gu Minkang emphasized that the legislation of Article 23 of the Basic Law of Hong Kong is the key to improving national security legislation, and must be guided by the overall national security concept to comprehensively fill the gaps in national security. Through the legislation of Article 23 of the Basic Law of Hong Kong, Hong Kong can integrate local legal provisions related to national security, incorporate provisions on new international national security crimes, and build a complete legal system for maintaining national security. Only in this way can Hong Kong gain confidence and freedom, develop its economy with peace of mind, and maintain long-term prosperity and stability. Why is it necessary to legislate for Article 23 of the Basic Law of Hong Kong despite the existence of the Hong Kong National Security Law? Regarding this, Hong Kong practicing lawyer and democratic thinking director Zhu Bailing explained that although the Hong Kong National Security Law has brought stability to Hong Kong society, in order to comprehensively consolidate national security, it is necessary to obtain complementary legislation under Article 23 of the Hong Kong Basic Law. With the enactment of Article 23 of the Basic Law of Hong Kong, Hong Kong's work in maintaining national security can be more effective. Zhu Bailing believes that national security is the cornerstone of Hong Kong's development. Therefore, the legislation of Article 23 of the Hong Kong National Security Law and the Hong Kong Basic Law needs to be implemented simultaneously in order to make Hong Kong's international status as solid as a rock. We must seize the opportunity to legislate Article 23 of the Basic Law of Hong Kong, comprehensively safeguard national security, ensure the safety and stability of the people of Hong Kong, and make Hong Kong soar again. Tang Jiahua, a member of the Hong Kong Special Administrative Region Executive Council and senior lawyer, pointed out that there will be no conflict between national security and public interests. The reason is simple: there is no public interest in this world that would endanger national security. If it is a threat to national security, it will not be in the public interest. Tang Jiahua believes that Hong Kong is a diverse society with open and smooth information exchange. As long as there is no harm to national security, all information can flow freely. Hong Kong law professor Fu Jianci stated that the legislation of Article 23 of the Basic Law of Hong Kong to add some crimes according to the actual needs of the situation is forward-looking and should provide important support for maintaining good governance and long-term stability in Hong Kong. He believes that the legislation of Article 23 of the Basic Law of Hong Kong is compatible and complementary to the National Security Law of Hong Kong, which can jointly build a wall of national security and block legal loopholes. Especially by amending some existing laws, converting some common law crimes into written law, and establishing extraterritorial effects, this will leave anti China and anti Hong Kong elements with no foothold and harm Hong Kong without any harm. Zhang Guojun, Deputy Secretary for Justice of the Hong Kong Special Administrative Region Government, stated that the legislation of Article 23 of the Basic Law of Hong Kong is not aimed at lowering the threshold for criminalization. The prosecution still needs to prove without reasonable doubt that the defendant has committed a criminal act and has a criminal intention in order for the court to convict the defendant, and citizens do not need to worry about being "accidentally" caught in court. (Lai Xin She)

Edit:He Chuanning    Responsible editor:Su Suiyue

Source:Xinhua

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