CGTN Explainer: What's National Security Legislation for HKSAR?
5.6.2020 06:15:00 EEST | Business Wire | Press release
A draft decision on establishing and improving the legal system and enforcement mechanisms for Hong Kong Special Administrative Region (HKSAR) to safeguard national security was adopted at the third session of the 13th National People's Congress (NPC) on May 28.
This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20200604005816/en/
HKSAR Chief Executive Carrie Lam has expressed disappointment that nearly 23 years since its return to the motherland, HKSAR has not yet fulfilled its legal responsibility of enacting laws on its own to safeguard national security in accordance with Article 23 of the Basic Law.
The introduction of the bill at the NPC came after Hong Kong was embroiled in prolonged riots starting last year. Chinese Foreign Ministry Spokesperson Zhao Lijian reiterated at May 29's press conference that "no country in the world would allow secessionist activities, or any activities that would endanger national security."
What is Article 23?
Article 23 of the Basic Law of Hong Kong stipulates that the SAR shall enact laws on its own to prohibit any act of treason, secession, sedition or subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the HKSAR, and to prohibit political organizations or bodies of the HKSAR from establishing ties with foreign political organizations or bodies.
In short, Article 23 of the Basic Law specifies the constitutional and legislative responsibility of safeguarding national security in Hong Kong.
Xiakedao, a social media account run by the overseas edition of People's Daily, noted in an opinion piece that since Article 23 legislation stalled in 2003, it has been very difficult for the HKSAR Legislative Council (LegCo) to fulfill its legal responsibility of enacting relevant laws.
Those trying to sow trouble in Hong Kong and external hostile forces have demonized the legislation of Article 23 and tried to sabotage and obstruct its enactment, Xiakedao pointed out.
Considering Hong Kong's present situation, efforts must be made at the state level to safeguard national security and to change its defenseless status, Xiakedao added.
What's in the draft decision?
The draft decision on establishing and improving the legal system and enforcement mechanisms for Hong Kong Special Administrative Region (HKSAR) to safeguard national security consists of an introduction and seven articles.
Article 1 states that the country will unswervingly, fully and faithfully implement the principles of "One Country, Two Systems," "the people of Hong Kong governing Hong Kong," and a high degree of autonomy; stresses taking necessary measures to establish and improve the legal system and enforcement mechanisms for the HKSAR to safeguard national security, as well as to prevent, stop and punish activities endangering national security in accordance with the law.
Article 2 states that the country resolutely opposes the interference in HKSAR's affairs by any foreign or external forces in any form and will take necessary countermeasures on such interferences.
Article 3 specifies that it is the HKSAR's constitutional responsibilities to safeguard national sovereignty, unity and territorial integrity; the article also stresses that the HKSAR must complete the national security legislation stipulated in the Basic Law of the HKSAR at an earlier date and HKSAR's administrative, legislative and judicial organs must, in accordance with relevant laws and regulations, effectively prevent, stop and punish acts endangering national security.
Article 4 specifies that the HKSAR must establish and improve the institutions and enforcement mechanisms for safeguarding national security; when needed, relevant national security organs of the Central People's Government will set up agencies in the HKSAR to fulfill relevant duties to safeguard national security in accordance with the law.
Article 5 specifies that the HKSAR's chief executive must regularly report to the Central People's Government on the HKSAR's performance of the duty to safeguard national security, carry out national security education and forbid acts endangering national security.
Article 6 specifies the constitutional meanings of related legislation of the NPC Standing Committee:
(1) Entrusting the NPC Standing Committee to formulate relevant laws on establishing and improving the legal system and enforcement mechanisms for the HKSAR to safeguard national security. The NPC Standing Committee will exercise its functions and powers of legislation under authorization;
(2) Specifying that relevant legal tasks for the NPC Standing Committee are to effectively prevent, stop and punish any act occurring in the HKSAR to split the country, subvert state power, organize and carry out terrorist activities and other behaviors that seriously endanger national security, as well as activities of foreign and external forces to interfere in the affairs of the HKSAR;
(3) Specifying the method of implementing relevant laws of the NPC Standing Committee in the HKSAR, that is, the NPC Standing Committee makes the decision to include relevant laws into Annex III of the Basic Law of the HKSAR, and the HKSAR promulgates and implements them.
Article 7 specifies that this decision shall go into effect as of the date of promulgation.
Why is legislation necessary?
The existing national security loophole in HKSAR exacerbates multiple risks.
Wang Chen, vice chairman of the Standing Committee of the NPC, on Friday highlighted activities that have 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.
The violence associated with the disturbances arising from the introduction of the Fugitive Offenders Bill since last June is an example. Various incidents involving violence and even explosives and firearms have increased the risk of terrorism as well as seriously jeopardizing public safety.
Xiakedao pointed out in its opinion piece that as Article 23 of the Basic Law is yet to be enacted, Hong Kong could only impose light sentences on "Hong Kong independence" forces who illegally and violently disrupted social order.
External forces' interference in Hong Kong affairs, for example the overt meddling by the U.S., and China's internal affairs is another factor, Xiakedao said.
In March, 2019, U.S. Vice President Mike Pence met with Hong Kong's former Chief Secretary Anson Chan. A few days later, U.S. House of Representatives Speaker Nancy Pelosi met with opposition lawmakers Dennis Kwok and Charles Mok. The opposition leaders' trip to the U.S. also included meetings with U.S. congressional committees and bar associations.
In May 2019, Pelosi and U.S. Secretary of State Mike Pompeo met with several opposition figures, including Martin Lee, Lee Cheuk-yan and Nathan Law.
In June 2019, U.S. Congressmen Marco Rubio and Jim McGovern reintroduced the so-called "Hong Kong Human Rights and Democracy Act."
In July, Pence and Pompeo held meetings with pro-opposition media tycoon Jimmy Lai, discussing Hong Kong's amendments to the Fugitive Bill.
And in the midst of the unrest, Julie Eadeh, who works at the U.S. Consulate General in Hong Kong, was filmed meeting with opposition figures Martin Lee and Anson Chan. She also met Hong Kong protest leader Joshua Wong.
In September, the U.S. Congressional-Executive Commission on China held a Hong Kong-related hearing and invited Joshua Wong and fellow protest leader Denise Ho (Ho is not a Hong Kong resident, but a Canadian citizen.) to testify.
In October, U.S. Senator Ted Cruz met with opposition figures Anson Chan and Jimmy Lai in Hong Kong and wore black to show support for protesters.
On October 15, the U.S. House of Representatives passed the so-called "Hong Kong Human Rights and Democracy Act of 2019," which was passed by the Senate on November 19.
What's the legislative process?
Deliberation of the draft decision on establishing and improving the legal system and enforcement mechanisms for the HKSAR to safeguard national security at this year's annual session of the NPC means the first step is taken.
As the draft decision is now approved, the NPC Standing Committee will formulate related laws to solve Hong Kong's problems in maintaining national security, strengthen the construction of specialized and law enforcement agencies and ensure the law to be effectively implemented in Hong Kong.
After the decision is adopted, the NPC Standing Committee will work with related parties to formulate relevant laws for the HKSAR to safeguard national security, actively push for settling SAR's prominent problems in the national security system, strengthen the building of special institutions, enforcement mechanisms and law enforcement forces, for relevant laws' effective implementation in Hong Kong.
Original article: https://news.cgtn.com/news/2020-05-23/Explainer-What-s-national-security-legislation-for-HKSAR--QIUVFwz088/index.html
To view this piece of content from cts.businesswire.com, please give your consent at the top of this page.
View source version on businesswire.com: https://www.businesswire.com/news/home/20200604005816/en/
Contact information
Media
Jiang Simin
jiang.simin@cgtn.com
+86 18826553286
About Business Wire
For more than 50 years, Business Wire has been the global leader in press release distribution and regulatory disclosure.
Subscribe to releases from Business Wire
Subscribe to all the latest releases from Business Wire by registering your e-mail address below. You can unsubscribe at any time.
Latest releases from Business Wire
NetApp Helps Customers Accelerate Adoption of Latest VMware Cloud Foundation Innovations2.9.2026 23:30:00 EEST | Press release
NetApp® (NASDAQ: NTAP), the Intelligent Data Infrastructure company, announced new capabilities in NetApp ONTAP® have been tested and validated to support VMware Cloud Foundation (VCF) 9.1, giving customers an optimized and secure data infrastructure foundation for their private and hybrid clouds. By combining the advanced capabilities of VCF 9.1 with cost-effective and enterprise data management with built-in security features from NetApp, including safeguarding data against ransomware attacks with rapid recovery, mutual customers can lower costs and accelerate the deployment of their AI software into production. VMware Cloud Foundation 9.1 provides enterprises with a unified private cloud platform for running both traditional and modern workloads. NetApp's solutions are tested and validated to support VCF 9.1 environments, enabling mutual customers to immediately begin taking advantage of VCF 9.1 innovations when they upgrade, with a data infrastructure layer already proven to work w
Venture Global Announces Closing of $3,000,000,000 364-Day Senior Secured Revolving Credit Facility2.9.2026 23:30:00 EEST | Press release
Venture Global, Inc. (“Venture Global”) announced today that its subsidiary Venture Global LNG, Inc. (“VGLNG”) has entered into a new, $3,000,000,000 364-day revolving credit facility (the “Facility”). Venture Global expects to use the proceeds from borrowings under the Facility for general corporate purposes of VGLNG and its subsidiaries, including to fund certain project costs for the CP2 and Plaquemines bolt-on expansions prior to their respective FIDs. Bank of America, N.A. served as Coordinating Lead Arranger and Sole Bookrunner and will also serve as Administrative Agent. BBVA, Goldman Sachs, ING, J.P. Morgan, Mizuho, MUFG, NBC, RBC, Scotia, SMBC, U.S. Bank, and Wells Fargo served as Coordinating Lead Arrangers and Barclays, Santander, and Deutsche Bank served as Joint Lead Arrangers. About Venture Global Venture Global is an American producer and exporter of low-cost U.S. liquefied natural gas (LNG) with over 100 MTPA of capacity in production, construction, or development. Vent
Invivoscribe Begins Commercial Shipments of PrepQuant ™ Systems, Enabling High-Sensitivity Sample Preparation for MRD Testing2.9.2026 22:31:00 EEST | Press release
Invivoscribe®, a global leader in precision diagnostics and measurable residual disease (MRD) testing, today announced that commercial shipments of the PrepQuant™ System have begun in North America. First unveiled at the American Association for Cancer Research Annual Meeting in April 2026, PrepQuant is now being delivered to customers, marking the platform's progression from development and validation into commercial deployment. The commercial milestone extends Invivoscribe's capabilities into laboratory instrumentation and addresses a critical bottleneck in highly sensitive molecular testing: efficiently recovering, concentrating, and quantifying DNA from larger blood and plasma inputs. PrepQuant is assay agnostic, designed to produce concentrated genomic DNA and cell-free DNA (cfDNA) suitable for a full range of downstream molecular workflows, including MRD assays intended to detect very low levels of residual disease. MRD Sensitivity Starts Before the Assay As MRD testing moves tow
C.H. Guenther Opens Centre of Excellence in Coventry, UK to Accelerate Bakery Innovation and Support Future Manufacturing Growth Across UK and Europe2.9.2026 19:00:00 EEST | Press release
C.H. Guenther & Son LLC (“C.H. Guenther” or “CHG”), a leading food manufacturer, has opened a new Centre of Excellence (the “Centre”) at its flagship Coventry bakery, creating a dedicated innovation and customer collaboration hub designed to accelerate the development of premium bakery products across the UK and Europe. The new facility has been designed to support CHG’s customers including leading global quick service restaurants, foodservice operators and retailers as they develop, test and refine new bakery products. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260902696890/en/ The purpose-built, 172-square-metre Centre of Excellence brings together a commercial-scale bakery, customer demonstration kitchen, sensory evaluation facilities, innovation suite and dedicated collaboration spaces in one specialized location. Designed to support and accelerate product development from concept through to commercial manufacturing,
Record Asset Management Enters New Phase of Growth2.9.2026 18:35:00 EEST | Press release
Record Asset Management GmbH (“RAM”), a subsidiary of London-listed Record plc (“Record” or the “Group”), is pleased to announce that it is now operating cashflow positive, thereby marking a transition from its investment phase into a growth business within the Group, and a significant milestone towards sustainable profitability. RAM is the European asset management arm of Record, the London-listed specialist investment group managing USD 122 billion of assets on behalf of institutional clients worldwide. Record's client base comprises pension funds, foundations, sovereign institutions and other asset managers, with whom the Group has built long-standing relationships through its focus on bespoke investment and risk management solutions. RAM was established as a sister company to Record’s core currency business and obtained its BaFin license in 2022. RAM has grown rapidly in the last two years and has developed into a diversified private markets platform with dedicated infrastructure e
In our pressroom you can read all our latest releases, find our press contacts, images, documents and other relevant information about us.
Visit our pressroom
