Speaking at a symposium last Friday on ensuring the accurate enforcement of the National Security Law in the Hong Kong Special Administrative Region, Xia Baolong, director of the Hong Kong and Macao Affairs Office of the State Council, underscored the positive role of the NSL in ending the city’s chaos and restoring its prosperity, and pointed out the direction for the effective implementation of the NSL. I believe Hong Kong society should have a thorough understanding of Xia’s message for the sake of facilitating the accurate implementation of the NSL and ensuring the smooth practice of “one country, two systems” for a long time.
NSL an 'anchor' of social stability
Since Hong Kong’s return to the motherland, the city has been repeatedly confronted by national security threats arising from the ruthless exploitation of the legal lacunae by local subversive and anti-China foreign forces that are bent on turning the city into a bridgehead against the country. From the protests against the proposed legislation according to Article 23 of the Basic Law and the national education plans to the illegal “Occupy Central” movement in 2014, and the anti-extradition bill incident in 2019, these social upheavals have not only dealt a serious blow to the SAR’s rule of law, economy and people’s livelihood, but also threatened the implementation of “one country, two systems”, with Hong Kong residents ultimately being the victims.
By clarifying the legislative intent of the relevant provisions of the NSL and solving the problems arising from the implementation of the NSL, the NPCSC’s interpretation upheld the central government’s overall jurisdiction over Hong Kong, while taking into consideration Hong Kong’s actualities.
The promulgation of the NSL by the Standing Committee of the National People’s Congress in 2020 not only helped to reverse Hong Kong’s chaotic situation in 2019 in a timely manner, but also ushered in a new era of good governance for the SAR. Since the NSL was enforced, the city’s legislative and executive branches have managed to support and cooperate with each other. As a result, policies have been implemented more efficiently; the SAR’s executive-led system has been fortified; and Hong Kong society has been energized and vitalized. The NSL’s successful implementation has benefited every Hong Kong resident by ensuring national security, as well as the city’s safety. Only with a stable social environment can residents live and work in peace and contentment. Arguably, the NSL is the “anchor” of Hong Kong’s stability and prosperity.
Understanding NSL’s legislative intent
Xia also underscored the “dual implementation mechanism” of the NSL, which is the most unique feature of the law. Although matters of national security are within the prerogative of the central government, Hong Kong is also constitutionally obligated to safeguard national security. Hong Kong, thus, is empowered and compelled by the NSL to safeguard national security. To fulfill this responsibility, Hong Kong society ought to have a thorough understanding of the legislative intent of the NSL for it to be implemented accurately.
The NPCSC recently interpreted Articles 14 and 47 of the NSL – a move that is welcomed by Hong Kong society and serves as an exemplar for resolving Hong Kong issues with national implications under the framework of “one country, two systems”. By clarifying the legislative intent of the relevant provisions of the NSL and solving the problems arising from the implementation of the NSL, the NPCSC’s interpretation upheld the central government’s overall jurisdiction over Hong Kong, while taking into consideration Hong Kong’s actualities. The legislative interpretation has not only optimized the system and mechanism for safeguarding national security in Hong Kong, but has also foiled China-bashers’ attempts to besmirch Hong Kong.
I hope Hong Kong society will stay united and have a deep understanding of the legislative intention and original purpose of the NSL. Everyone with a stake in Hong Kong’s community has the responsibility to safeguard national security, and must proactively uphold the accurate implementation of the NSL. The NSL can only maximize its goals in protecting Hong Kong society if everyone does his or her part.
Local laws must align with NSL
New issues or situations will inevitably emerge during the implementation of the NSL. Given the NSL’s superiority over local laws, the local laws that are in conflict with the NSL should be amended. The hiring of a foreign counsel to defend media tycoon Jimmy Lai Chee-ying in his national security case contravenes the legislative intent of the NSL. The SAR government is preparing to amend the Legal Practitioners Ordinance, and I believe it will make the necessary amendments to align the ordinance with the NPCSC’s interpretation after a careful study. I also hope the SAR government will kick off the legislation according to Article 23 of the Basic Law, which will work in conjunction with the NSL to further improve the mechanism for safeguarding national security.
Conclusion
Only when the NSL is fully and accurately implemented can it provide a solid guarantee for national security, as well as Hong Kong’s prosperity and stability, which is crucial to ensuring the smooth and sustainable implementation of “one country, two systems” for the benefit and well-being of Hong Kong residents in the long run. Hopefully, all sectors of society will have a stronger sense of national security and join hands to better enforce the NSL and support the work of the chief executive and the Committee for Safeguarding National Security in the HKSAR. I believe that, with the staunch backing of our motherland and the protection of the NSL, Hong Kong is blessed with a brighter future.
The author is a member of the Standing Committee of the National People’s Congress.
The views do not necessarily reflect those of China Daily.