China adopts draft decision on national security law for HKSAR
Updated 22:54, 28-May-2020
CGTN
03:33

China's top legislature on Thursday adopted a decision to make a national security law for Hong Kong to counter foreign interference and attempts to seek independence of the special administrative region.

The central government's national security department will also set up an agency in Hong Kong to fulfill its job, while Hong Kong shall also establish a special body and enforcement system to safeguard national security, according to the decision passed during the closing meeting of the annual session of the National People's Congress (NPC) in Beijing.

The decision said China will take "necessary counter-action" if any foreign country or force tampers with the special administrative region's internal affairs.

The document also reiterates China's "unswerving" principles of "One Country, Two Systems" in Hong Kong, meaning the city can still enjoy a different political system from that of the Chinese mainland.

Wang Chen, vice chairman of the Standing Committee of the National People's Congress (NPC) explains the draft decision to the third session of the 13th NPC, May 22, 2020. /Xinhua

Wang Chen, vice chairman of the Standing Committee of the National People's Congress (NPC) explains the draft decision to the third session of the 13th NPC, May 22, 2020. /Xinhua

The draft decision, which was submitted to the NPC last Friday, came after violent protests wreaked havoc in Hong Kong, threatening national sovereignty, security and development interests, the central government said.

Wang Chen, vice chairman of the Standing Committee of the NPC, said the draft decision aims to fix the loopholes in Hong Kong's legislation as the city, after nearly 23 years since its return to the motherland, 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.

Article 23 states that the HKSAR "shall enact laws on its own to prohibit any act of treason, secession, sedition, 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 region, and to prohibit political organizations or bodies of the region from establishing ties with foreign political organizations or bodies."

The following is an outline of the decision passed by the legislature on Thursday.

Seven articles

Article 1 states clearly 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 prevent, stop and punish activities endangering national security in accordance with the law;

Article 2 states clearly that the country resolutely opposes interference in HKSAR affairs by any foreign or external forces in any form and will take necessary countermeasures;

Article 3 specifies that it is the HKSAR's constitutional responsibility to safeguard national sovereignty, unity and territorial integrity; stresses that the HKSAR must complete the national security legislation stipulated in the Basic Law of the HKSAR at an earlier date and that the 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 and that 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 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.