Business Wire

 CGTN Explainer: What's National Security Legislation for HKSAR?

Share

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.

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

Ant International’s Alipay+ to become Official Payment Partner of the Laver Cup16.9.2025 08:24:00 EEST | Press release

Laver Cup and Alipay+, part of Ant International, a leading global digital payment, digitization and financial technology provider, today formally announce a new long-term strategic partnership which will begin at Laver Cup San Francisco 2025, to be held at the Chase Center from September 19-21. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20250915513539/en/ The unified global wallet gateway Alipay+, along with WorldFirst and Antom – which are operated by Ant International – will become the Official Payment Partner of the Laver Cup through 2029. Ant Group's flagship service Alipay, an all-in-one digital platform for daily services in China will also join Alipay+ in the partnership. Ant International, with its associated brands Alipay+, WorldFirst and Antom, and Ant Group’s Alipay will play an important role in supporting the Laver Cup to drive fanbase growth and engagement in the Asia-Pacific region via its digital payment p

Biocytogen Announces ADC Innovator Tubulis Has Signed Global Exclusive License Agreement for Single Antibody16.9.2025 03:00:00 EEST | Press release

Biocytogen Pharmaceuticals (Beijing) Co., Ltd. (Biocytogen, HKEX: 02315), a global biotechnology company that drives the research and development of novel antibody-based drugs with innovative technologies, today announced that ADC therapeutics developer, Tubulis has exercised an exclusive license for the global development and commercialization of a fully human antibody developed by Biocytogen. The antibody will be applied in a novel ADC candidate proprietary to Tubulis. It is part of a previously signed research collaboration and option agreement to discover and advance antibody components for the development and commercialization of ADC products based on Biocytogen’s antibody discovery engine. The antibody was generated using Biocytogen’s proprietary RenMice® platform and features high affinity, low immunogenicity, and favorable developability. Tubulis will apply its proprietary linker and payload technologies to develop innovative ADC therapies based on this antibody, aiming to addr

CSC Digital Brand Services Announces Integration into CrowdStrike Falcon Adversary Intelligence’s Recon to Accelerate Detection and Enforcement Against Malicious Domains16.9.2025 00:27:00 EEST | Press release

CSC, the world’s leading enterprise-class domain registrar and online brand protection provider, announced today at Fal.Con 2025 a new integration of CSC’s domain security offerings with the CrowdStrike Falcon® cybersecurity platform. The integration with Recon, a core capability within Falcon Adversary Intelligence, enables organizations to accelerate the detection and takedown of malicious domains, reducing exposure to phishing, fraud, and brand abuse. As cybercrime reaches unprecedented levels, adversaries are increasingly exploiting digital assets, brands, and domain name system (DNS) infrastructure. Traditional defenses often overlook domain portfolios, leaving organizations vulnerable to spoofing, impersonation, and account takeovers. CSC and CrowdStrike are uniting to close this gap with a comprehensive solution that integrates advanced threat intelligence, rapid detection, and global enforcement. Through this integration, clients can: Leverage the Recon capability in Falcon Adv

Celonis Debuts at No. 3 on the 2025 Fortune Future 5015.9.2025 23:58:00 EEST | Press release

Celonis, a global leader in Process Mining, today announced it has been named to No. 3 on the 2025 Fortune Future 50 list, recognized among the world’s most promising companies poised for long-term growth. This marks the company’s first appearance on the list alongside a prestigious group of global innovators, and underscores its leadership in enabling successful AI and business transformation through Process Intelligence. Published annually in collaboration with the Boston Consulting Group, the Fortune Future 50 evaluates more than 2,000 public companies to identify those best positioned for sustained growth based on a proprietary system analyzing market potential, innovation, strategy, and investment in the future. “Being named to the Fortune Future 50 is powerful validation of the mission we’ve been on since day one - to make processes work for people, companies and the planet,” said Alex Rinke, co-CEO and co-founder of Celonis. “This is truly just the beginning of seeing how Proces

ElevenLabs-Powered Chroma Awards Opens Call For Submissions, With November 3 Deadline15.9.2025 16:00:00 EEST | Press release

Chroma Awards, a groundbreaking AI Film, Music Video, and Games competition organized by ElevenLabs, the leading AI audio research and product company, announced today that submissions are open for its inaugural competition, with a November 3 deadline. Competition participants can access free trials of AI tools provided by sponsors starting today at https://pack.chromaawards.com/. The Chroma Awards was established with the mission to educate, empower, and spotlight the next generation of artists and showcase how AI can empower human creativity. The competition is organized by ElevenLabs and presented by Google Cloud, Freepik, fal, Dreamina AI, and CapCut. “Through this initiative we hope to unite creators, communities, and companies across the world to bring emerging technology and creative talent together in dialogue,” said Matty Shimura, Chroma Awards. “We’re incredibly grateful to our partners for their support in bringing this competition to life, and we look forward to seeing the

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
World GlobeA line styled icon from Orion Icon Library.HiddenA line styled icon from Orion Icon Library.Eye