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

Vietnam’s C4IR and Ant International Partner to Accelerate Innovation as Ho Chi Minh City Eyes Becoming International Financial Centre27.11.2025 05:46:00 EET | Press release

The Vietnam Centre for the Fourth Industrial Revolution (C4IR Vietnam), established by the World Economic Forum and the People’s Committee of Ho Chi Minh City, and Ant International today announced a strategic partnership through a Memorandum of Understanding (MoU) to advance Vietnam’s digital economy, foster innovation, and support Ho Chi Minh City’s (HCMC) ambition to become an international financial centre and regional fintech hub. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20251126280083/en/ The partnership was announced at the Ho Chi Minh City Economic Forum 2025, officiated by Vietnam’s Prime Minister Pham Minh Chinh and Chairman of the Ho Chi Minh City People’s Committee Nguyen Van Duoc. As Vietnam emerges as one of Asia’s most dynamic engines of trade, travel, and inclusive digital finance, the collaboration between C4IR Vietnam and Ant International aims to accelerate the country’s Fourth Industrial Revolution ag

LambdaTest and SVAM International Inc. Announce Partnership to Transform Quality Engineering for Businesses26.11.2025 19:00:00 EET | Press release

LambdaTest, a Gen-AI native quality engineering platform, announced a partnership with SVAM International, Inc., a global leader in digital transformation services. This strategic alliance marks a significant step forward in their mission to transform quality engineering for businesses worldwide. The partnership allows LambdaTest to extend its AI-native quality engineering capabilities into SVAM’s extensive digital transformation ecosystem. By integrating with SVAM’s experience in large-scale application development, testing, and delivery across major New York State and City agencies, as well as their platform expertise across Salesforce, ServiceNow, and Dynamics365, LambdaTest will empower more enterprises to modernize their software delivery pipelines. With LambdaTest’s intelligent test orchestration and execution engine at the core, teams can test smarter, accelerate release cycles, and achieve faster time-to-market at scale. Founded in 2017, LambdaTest is headquartered in San Franc

GLORY Acquires Remaining Equity Shares in Acrelec Group26.11.2025 17:11:00 EET | Press release

Glory Global Solutions (International) Ltd, a wholly-owned subsidiary of GLORY Ltd. [TYO:6457], has announced the acquisition of the remaining equity shares in Acrelec Group SAS. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20251126039437/en/ Acrelec is a global technology company focused on reinventing the customer experience for restaurant and retail brands. Leveraging decades of software, hardware and service expertise, the company develops and integrates new platforms that increase customer engagement, optimize efficiency and improve operations. With over 120,000 installations across more than 70 countries, Acrelec counts many of the world’s best-known restaurant mega-brands among its customers. We announce that Jalel Souissi has left the Acrelec Group following the completion of the recent share acquisition. Jalel Souissi has played a pivotal role in the development and success of Acrelec, serving as Co-Founder and Co-C

Cegid Acquires Shine to Accelerate the Path of Becoming Europe's Leading Financial Copilot for SMBs and Accountants26.11.2025 15:00:00 EET | Press release

Cegid, a European leader in cloud software for finance, accounting, HR, and retail software, and Shine, a fast-growing European fintech unicorn providing digital business accounts and payments, e-invoicing, accounting, and payroll software to small businesses across Europe, announced today that the companies have entered a definitive agreement to join forces to form a European champion and become a leading provider of software for businesses and their accountants. This transformational combination will create the first fully integrated, cloud-native and AI-driven financial hub for SMBs and accounting professionals in Europe – bringing together market-leading capabilities in e-invoicing, accounting, digital business accounts and payments, tax, HR, and payroll in a single unified platform. Accelerating Cegid’s European growth strategy by serving more than one million SMBs, and 15,000 accountants Shine brings to Cegid more than 400,000 SMB customers, a strong brand, and a highly scalable

U.S. FDA Grants Priority Review to Sonrotoclax for the Treatment of Relapsed or Refractory Mantle Cell Lymphoma26.11.2025 13:00:00 EET | Press release

BeOne Medicines Ltd. (Nasdaq: ONC; HKEX: 06160; SSE: 688235), a global oncology company, today announced that the U.S. Food and Drug Administration (FDA) has accepted and granted Priority Review to a New Drug Application (NDA) for sonrotoclax, a next-generation BCL2 inhibitor, for the treatment of adult patients with relapsed or refractory (R/R) mantle cell lymphoma (MCL), following treatment with a Bruton’s tyrosine kinase (BTK) inhibitor. “Sonrotoclax is advancing with remarkable speed, from Breakthrough Therapy Designation to Priority Review, all within a short window,” said Lai Wang, Ph.D., Global Head of R&D at BeOne. “That pace reflects both the strength of the data and the urgency of the need for patients with R/R MCL. With rapid, deep, and durable responses and a manageable safety profile, sonrotoclax is emerging as a potential best-in-class BCL2 inhibitor, alongside our two other transformative hematology assets – BTK inhibitor BRUKINSA, and investigational BTK degrader BGB-16

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