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

Biocytogen and Acepodia Expand Collaboration Through Option-based Evaluation Framework for First-in-Class Bispecific and Dual-Payload ADCs (BsAD2C)9.1.2026 14:00:00 EET | Press release

Biocytogen Pharmaceuticals (Beijing) Co., Ltd. (Biocytogen, SSE: 688796; HKEX: 02315) and Acepodia (6976:TT), today announced that the companies have entered into an option and license agreement designed to enable the structured evaluation of bispecific antibody-drug conjugate (BsADC) programs to further advance the development of dual-payload bispecific antibody-drug conjugates (BsAD2Cs). The agreement grants Acepodia an option to obtain an exclusive worldwide license from Biocytogen for two BsADC programs. Under the terms of the agreement, Biocytogen is eligible to receive an upfront option fee and, upon Acepodia’s exercise of the option, additional payments including option exercise fees, development, regulatory, and commercial milestone payments, as well as royalties on future product sales. The financial terms of the agreement were not disclosed. “This new agreement builds upon our recent co-development collaboration with Acepodia, which has focused on the evaluation and selection

Blockstream Capital Partners Announces Strategic Acquisition of Derivatives Trading Team from Numeus Group, Leveraging Strategic Partnership with Komainu9.1.2026 12:08:00 EET | Press release

Blockstream Capital Partners (“BCP”) today announced that it has entered into a strategic agreement to acquire a division within Numeus Group’s digital asset trading and investment business. The transaction includes the absorption of select Bitcoin focused trading strategies with a focus on yield generation as well as a ten person derivatives trading team led by Chief Investment Officer Deepak Gulati, a specialist in volatility and derivatives markets. Deepak Gulati, appointed Co-Chief Investment Officer of Blockstream Capital Management alongside Rodrigo Rodriguez, previously served as Global Head of Proprietary Trading at JPMorgan, before founding Argentiere Capital, a multibillion-dollar volatility-focused hedge fund. With a thesis that derivatives would drive Bitcoin and digital asset market maturity, he co-founded Numeus Group in 2021 to develop institutional-grade trading, risk management and market-structure capabilities. Komainu, an existing BCP strategic investment, has played

Autel Unveils Strategic Shift at CES 2026: Building the AI-Powered Infrastructure of Future Cities9.1.2026 11:44:00 EET | Press release

At the Consumer Electronics Show (CES), Autel Energy is presenting its latest AI-driven smart hardware and software systems for the future of intelligent urban operations. This year’s showcase highlights Autel’s shift from AI concept validation to scenario-based engineering deployment, emphasizing closed-loop execution across real-world infrastructure. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260101511436/en/ Autel Energy New Product Debut at CES 2026 Focusing on two key domains — Smart Energy and Smart Inspection — the company is unveiling a range of new products. In Smart Energy, Autel is introducing V2G (Vehicle-to-Grid) AC charger for homes and DC charging solution for fleets, strengthening its multi-tier energy touchpoint strategy from households to commercial operations. Live demonstrations at the booth will feature a smart charging robot showcasing automated plug-in capabilities. In Smart Inspection, Autel will

Allianz and Anthropic Forge Global Partnership to Advance Responsible AI in Insurance9.1.2026 11:00:00 EET | Press release

Allianz SE and Anthropic today announced a global partnership to accelerate the adoption of responsible Artificial Intelligence (AI) at Allianz. The collaboration centers on three transformative projects within Allianz Group designed to empower Allianz employees and accelerate operations, while setting new benchmarks for accuracy. “With this partnership, Allianz is taking a decisive step to address critical AI challenges in insurance. Anthropic’s focus on safety and transparency complements our strong dedication to customer excellence and stakeholder trust. Together, we are building solutions that prioritize what matters most to our customers while setting new standards for innovation and resilience,” said Oliver Bäte, CEO of Allianz SE. “Insurance is an industry where the stakes of using AI are particularly high: the decisions can affect millions of people. Allianz and Anthropic both take that very seriously, and we look forward to working together to make insurance better for those w

MRM Health Secures FDA IND Clearance to Launch its Phase 2b Trial of MH002 in Mild-to-Moderate Ulcerative Colitis9.1.2026 08:00:00 EET | Press release

MRM Health NV, a clinical-stage biopharmaceutical company pioneering microbiome-based therapeutics for inflammatory diseases and immune-oncology, today announced that the U.S. Food and Drug Administration (FDA) has granted clearance of its Investigational New Drug (IND) application for its lead program MH002. This enables the initiation of the STARFISH-UC Phase 2b clinical trial in patients with mild-to-moderate ulcerative colitis, marking a significant step forward in the development of next-generation therapies for inflammatory bowel diseases (IBD). About the STARFISH-UC Phase 2b Trial The STARFISH-UC trial is a randomized, double-blind, placebo-controlled study designed to confirm the promising efficacy signals and favorable safety profile previously observed in MH002’s Phase 2a studies. MH002, a rationally designed live microbial consortium, is the most advanced Live Biotherapeutic Product (LBP) of its kind, targeting disease-specific mechanisms through a synergistic combination of

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