Business Wire

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

5.6.2020 06:15:00 EEST | Business Wire | Press release

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

The Estée Lauder Companies and Microsoft Announce a New Strategic Partnership to Power Enterprise Efficiency and Consumer-Centric Growth30.10.2026 15:22:00 EET | Press release

The Estée Lauder Companies Inc. (NYSE: EL) today announced a new strategic partnership with Microsoft Corp. to advance its cloud and data foundation and support the responsible adoption of AI-enabled capabilities across the enterprise. The collaboration will help connect data and intelligent tools to support faster innovation, more efficient operations, and more relevant consumer experiences. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20261030616823/en/ This new partnership is a critical part of The Estée Lauder Companies’ One Operating Ecosystem, which brings together shared platforms, connected data, and best-in-class partners to enable consistent, scalable, and effective execution across the enterprise. A key initiative of this expanded partnership is harnessing the Microsoft platform to advance the company’s Unified Data Platform. This foundation is the core enabler for AI and agility—connecting the company's data acro

Reply Named EMEA Winner at the 2026 GitHub Services and Channel Partner of the Year Awards30.10.2026 14:23:00 EET | Press release

Reply [EXM, STAR: REY] announced that it has been named the EMEA winner in the 2026 GitHub Services and Channel Partner of the Year Awards, recognising customer outcomes and GitHub ecosystem impact across Europe, the Middle East and Africa. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20261030597484/en/ Reply announced that it has been named the EMEA winner in the 2026 GitHub Services and Channel Partner of the Year Awards, recognising customer outcomes and GitHub ecosystem impact across Europe, the Middle East and Africa. Reply helps organisations adopt GitHub and modernise software development. Its capabilities combine large-scale migration, automation and embedded security to bring fragmented development environments into a shared platform, supporting consistent governance and collaboration across engineering teams. A key example is Reply’s collaboration with Nexi, one of Europe’s leading PayTech companies, to transform s

Centralized Supply Chain Services, LLC (CSCS®), Applebee’s ®, and IHOP ® Recognize 2026 Supplier Partners of the Year30.10.2026 14:00:00 EET | Press release

Centralized Supply Chain Services, LLC (CSCS®), together with Applebee’s® and IHOP®, have named Pacific Prime Meats and Custom Foods of America their 2026 Supplier Partners of the Year, honoring the companies for their collaboration, innovation, and commitment to supporting restaurant success across the Applebee’s and IHOP systems. The awards were presented at the Applebee’s Franchise Conference and IHOP Supplier Summit in Austin, Texas. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20261030647942/en/ Pacific Prime Meats was named 2026 Applebee’s Supplier Partner of the Year, recognizing the company’s exceptional responsiveness, agility, and support on behalf of the Applebee’s system. Pacific Prime Meats was named 2026 Applebee’s Supplier Partner of the Year, recognizing the company’s exceptional responsiveness, agility, and support on behalf of the Applebee’s system. “Pacific Prime Meats distinguished itself through its comm

Europerfusion 2026: Eurosets Introduces Trilly Baby, the New Oxygenator for Cardiopulmonary Bypass in the Smallest Patients30.10.2026 13:45:00 EET | Press release

Eurosets presents Trilly Baby at Europerfusion 2026 (Belgrade, October 30-31), a new oxygenator designed for cardiopulmonary bypass procedures in the smallest patients requiring open-heart cardiac surgery. Engineered to operate with flow rates from 0.1 to 1.8 liters per minute, Trilly Baby represents a further step in the evolution of the Italian biomedical company's cardiopulmonary portfolio. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20261030531073/en/ Trilly Baby at Europerfusion 2026. Antonio Petralia, CEO of Eurosets, and Gabriele Pastorelli, Sr. Global Marketing Manager Cardiopulmonary - LATAM Area Manager The device, which is expected to achieve the CE mark by the end of 2026, will enter a controlled market release phase starting in January 2027. This initial controlled rollout will involve 14 leading European pediatric surgery centers, selected for their specialization in treating the smallest patients and in advan

Men’s Interest in Appearance Is Growing: 36% Say Looking Their Best Matters More Than Five Years Ago, NIQ Finds30.10.2026 12:45:00 EET | Press release

NielsenIQ (NYSE: NIQ), a global leader in consumer intelligence, today shared findings showing that 36% of men say looking their best, including beauty and skincare, matters more to them than it did five years ago. More than half (54%) say aging well has become more important over the same period. Yet the opportunity for beauty brands may extend beyond products specifically marketed to men. Across 10 Western European markets, sales value of skincare positioned for all genders grew 7% year over year, while male-targeted skincare was flat. The findings suggest that brands should look beyond traditional product positioning to understand men’s needs, shopping behavior, and the products they choose. In its report, The Permission Gap: The Global State of Male Beauty, NIQ examines how social expectations, generational differences and purchasing behavior are shaping men´s engagement with beauty across markets and categories. Key findings Appearance and aging matter more: 36% of men say looking

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