The Situation in Hong Kong--The Long March to 2047 Begins Now in Earnest 《全国人民代表大会关于建立健全香港特别行政区维护国家安全的法律制度和执行机制的决定（草案）》("National People's Congress on the Establishment and Improvement of the Hong Kong Special Administrative Region to Maintain National Security")

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In retrospect one of the great ironies of the protests that started in Hong Kong in June 2019--one that led to almost a year of intense public demonstrations of  the development of a distinctive and self-aware political culture in Hong Kong after 1997 which demonstrators thought worth defending at great cost--might well have been that it signaled the start of the end of that 50 year period of autonomy to be enjoyed on the basis of an international pact which runs its course in 2047.

The protests of 2019 did much to shed light on the character of what had emerged as political culture--and the idealized aspirations of its fiercest adherents--of an autonomous Hong Kong under One Country Two Systems.  This represents, in a away, the apotheosis of the "Two Systems" part of the international framework for the governance of Hong Kong. This part of the equation was, at least form the perspective of 1997, to have an international character, and to be based on the primacy of autonomous development subject to  a limited embedding of the political cultures of the state asserting ultimate (but until 2047) not entirely exclusive sovereignty. Its principle character was to gve great weight to the "Two Systems" part of the equation and to read the "One Country" part as residual and remote.

At the same time, the protests forced Chinese officials to confront the very same questions of the character of the political culture of Hong Kong, and its place within the greater Pearl River area and China generally from the idealized perspective of the Marxist-Leninist and national political-economic model of the Chinese state. That, in turn, represented the need to refine the "One Country" part of the equation in the context of a dynamically evolving New Era theory for the overall governance of the nation under the guidance of the Chinese Communist Party.  This part of the equation, at least from the perspective of 2047, to have an overwhelmingly national character, and to be based on the primacy of the collective development of the state an an coherent and integrated whole, subject to a limited (and decreasing) toleration for differences in political cultures that must, in any case, not impede national goals and direction. This approach required the "Two Systems" part of the equation to be read within and under the primary structure of the "One Country" principle. 

The two positions produced a contradiction that required resolution.  This is contradiction in the Maoist sense (Mao Zedong, On Contradiction (1937) (矛盾论)).  The formal answer provided by the international agreements around which transfer was effectuated signaled that time was to be the ultimate means of resolving the contradiction.  Specifically, 2047 was to end the period of moving from U.K. to national integration, and potentially, the autonomous status of Hong Kong, but as a matter wholly within the discretion of national authorities.  This produces a number of discursive tropes that have dominated the press coverage.  The "One Country" camp would necessarily see in international engagement a foreign interference.  The "black hand" perspective remains strong among the "One Country" camp (Pro-democracy camp accused of having CIA backing; US’ Hong Kong democracy act slanders China to a level close to madness, Foreign Minister Wang Yi says). For the "Two Systems" camp, on the other hand, foreign interference (at least before 2047) is turned around, and the object of the foreign is China itself (e.g., Hong Kong pro-democracy lawmakers bash China’s new national security law proposal). The issue of the foreign, then, becomes an ironic marker o the contradiction posed within the alignment of One Country and Two Systems within the parameters of the current strategic discourse.

The 2019 protests, though, brought out into the open what had been simmering under the surface--the realization by both the "Two Systems" and the "One Country" camps that the time was coming perilously close for political culture altering steps to be taken in anticipation of 2047.   In this sense the protests represented, in some respects, the opening gambit of a series of final "negotiations" around which the post 2047 autonomy of Hong Kong would be crafted. The time chosen was serendipitous in the sense that it was not clear that in the mutual provocations of both camps from some years previous the Extradition Law would provide the signal to more aggressive negotiation tho¡rough mass mobilization.  It was clear, though, that such a step would have to be taken during a time when the international character of the status of Hong Kong was still strong enough to induce foreign state stakeholders (and the international community) a space for participation in the negotiations.  For the "Two State" camp, that required privileging the 1997 sensibility of Hong Kong as a n internationalized space (at least to some extent); for the "One Country" camp, that produced a necessary counter-thrust that would seek to both privilege and accelerate the conditions of national control anticipated in 2047. 

The strategies, of course, augmented the contradictions inherent in the temporary status quo of Hong Kong.  And it was meant to.  On the one hand it provided a last chance to modify or reinterpret the international agreement before that possibility was foreclosed by the passage of time.  It was meant to welcome, and indeed, create incentives for foreign intervention precisely because the international agreement provided a formal cover for such action in law (if interpreted "correctly"). On the other hand, it provided what appeared to be a challenge for the anticipated changes for 2047 and a potential extension of this sovereignty managing condition for Hing Kong that was made politically impossible in China. To counter that thrust, the only logical counter thrust would have to be to accelerate the arrival of 2047 by recasting the international instrument as legally insufficient (and thus the international interventions as foreign interference), and to unveil more quickly and transparently the planning for Hong Kong from the time its autonomous status would become a matter of grace. 

The COVID-19 pandemic provided the space within which the relative positions of both camps were deeply affected.  Pandemic effectively made mass mobilization dangerous in ways that could not be overcome by protest leaders.  At the same time the quick triumph of Mainland authorities over the COVID-19, at least enough to start a return to full operation, gave the "One Country" camp its chance to move swiftly during this window provided by the virus.  And so they have.  Even so, the "One Country" camp appears to have been somewhat cautious.  Its current proposal is bound up in a "Security Law" whose breadth might be theoretically elastic (and less so as one comes closer to 2047) but which might be initially drafted benignly enough to further erode the power base of the "Two Systems" camp both within and beyond Hong Kong.  

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Prudence might also be necessary because Hong Kong has become another battlefront in a much more important conflict between the two emerging global imperial systems--the United States and China. That involves not just the re-ordering of global trade relations, the de-coupling of the two economies, and their battle to control international governance space (or divide it between them with the Europeans as the mediators). It also evidences substantial traps, for example in the form of projections of US global power  (exercised through the instruments of economic activity control) respecting the Xinjiang Autonomous Region), and in the projection of Chinese power through strategic investment and resource control (as well as in contests for control of the mechanisms for global finance). 

Within this analytical space, the likely actions of all participants become clearer.  The constraints to action and counter action become clearer as well. In the process China will be required to mire clearly develop the "One Country Two Systems" principles, but one already sees how that will involve at a minimum the primacy of "One Country" and the necessary role of the CPC in guiding the future course of the exercise of autonomy within its ideological framework, the context of which has been made quite clear over the last several years. For the "Two System" camps (both within Hing Kong and among international actors) it will require a reassessment of what may be possible to preserve within an overall framework in which the idealized autonomy of the 2019 protests will be unattainable.  That, in turn, will require careful negotiation, but whether the negotiation will be undertaken on the street or elsewhere remains to be seen.  For other states,the international law wedge that the status of Hong Kong provided will likely shrink (for the Europeans) and grow wider (for the Americans and perhaps Australia). Hong Kong, like the pandemic, and like the situation in the other autonomous regions (and along the Belt and Road) provides a critically important space within which the US can, like the Chinese, also define and defend their own ideology, their status as a first tier power, and the process of decoupling and reordering the global system of economy, society, and culture.  But it will also put greater pressure on international actors to choose sides.

The long road to 2047 has just gotten shorter, even as the distance between ideologically ordered political-economic systems has widened. In the process of rationalizing both expect a substantial amount of collateral damage--to individuals, institutions, relations, and the way things are understood and valued. That is to a large extent inevitable, even if the pacing of events was not.  In the end 2047 will come; if it has not already announced its imminent appearance.  It is time now to see and understand, from the "One Country" position, how the "Two Systems" principle can be more rationally aligned with New Era ideology and the leadership of both state and CPC. But it is not yet 2047.  Hong Kong remains firmly a creature of international agreement within China.  Until 2047.  Until 2047, then, the international community has will also push the central contradiction of "One Country Two Systems" toward resolution in accordance with its own dialectical vectors--one that will continue to invert Chinese Marxist-Leninist principles to advance those of its own politics-economic model ("Two Systems" within "One Country"--this is the extraterritorialization of the European Union model of "United in Diversity", see here). And to do that, sovereignty, central to the Chinese position, is not central.  

Whatever the development, one thing remains quite clear--at least through 2047 China will scrupulously adhere to its international obligations.  But it will do it on its own terms.  That is the essence of 全国人民代表大会关于建立健全香港特别行政区维护国家安全的法律制度和执行机制的决定（草案）》("National People's Congress on the Establishment and Improvement of the Hong Kong Special Administrative Region to Maintain National Security") and the anticipated actions of the NCP Standing Committee to come.

That China is marching at a faster pace toward 2047 and its vision for Hong Kong going forward does not mean the end of "One Country, Two Systems." What it does mean, at least form the actions of the NCP and the symbolic effect of the National Security Law for Hong Kong, is that the driver of the interpretation of that system, its principles and operation, will shift decisively from Hong Kong to Beijing, and it will become far more deeply embedded within the Chinese New Era Marxist Leninist dialectic.  The NCP document makes this explicit--that is its great innovation: ""One country" is the premise and basis for the implementation of "two systems". "Two systems" are subordinate and derived from "one country" and unified within "one country". "What had been understood discretely within China and effectively ignored elsewhere, has now become an explicit statement of the fundamental contradiction of the 1997 transfer and its proposed resolution.

To that end, it is likely that from this point on it may be useful to think about the contradiction that is One Country Two Systems as a subs-part of the transitional dialectic from capitalist, through socialist, to communist society (e.g., Mao Zedong, Dialectical Materialism Chp 2 ¶6 (1938) ("The philosophies of all reactionary forces are theories of immobilism. Revolutionary classes and the popular masses have all perceived the principle of the development of the world, and consequently advocate transforming society and the world; their philosophy is dialectical materialism.").  Hong Kong will be expected to proceed on that path at its own pace; but proceed it must. The One Country Two Systems model will develop new forms suitable to the New Era of Chinese development  What the consequences of that necessary internal movement will be on the contradiction that is the fracturing of global governance between New Era liberal democratic and Marxists world views remains to be seen.

The Chinese National Security Law framework 《全国人民代表大会关于建立健全香港特别行政区维护国家安全的法律制度和执行机制的决定（草案）》("National People's Congress on the Establishment and Improvement of the Hong Kong Special Administrative Region to Maintain National Security") (original Chinese along with a crude English translation ) along with the official responses of key outside states follow.

原标题：涉港重磅决定草案，共7条

新华社北京5月22日电 十三届全国人大常委会副委员长王晨5月22日上午向十三届全国人大三次会议作关于《全国人民代表大会关于建立健全香港特别行政区维护国家安全的法律制度和执行机制的决定（草案）》的说明。

王晨作说明时说，香港回归以来，国家坚定贯彻“一国两制”、“港人治港”、高度自治的方针，“一国两制”实践在香港取得了前所未有的成功；同时，“一国两制”实践过程中也遇到了一些新情况新问题，面临着新的风险和挑战。当前，一个突出问题就是香港特别行政区国家安全风险日益凸显。特别是2019年香港发生“修例风波”以来，反中乱港势力公然鼓吹“港独”、“自决”、“公投”等主张，从事破坏国家统一、分裂国家的活动；公然侮辱、污损国旗国徽，煽动港人反中反共、围攻中央驻港机构、歧视和排挤内地在港人员；蓄意破坏香港社会秩序，暴力对抗警方执法，毁损公共设施和财物，瘫痪政府管治和立法会运作。还要看到，近年来，一些外国和境外势力公然干预香港事务，通过立法、行政、非政府组织等多种方式进行插手和捣乱，与香港反中乱港势力勾连合流、沆瀣一气，为香港反中乱港势力撑腰打气、提供保护伞，利用香港从事危害我国国家安全的活动。这些行为和活动，严重挑战“一国两制”原则底线，严重损害法治，严重危害国家主权、安全、发展利益，必须采取有力措施依法予以防范、制止和惩治。

香港基本法第23条规定：“香港特别行政区应自行立法禁止任何叛国、分裂国家、煽动叛乱、颠覆中央人民政府及窃取国家机密的行为，禁止外国的政治性组织或团体在香港特别行政区进行政治活动，禁止香港特别行政区的政治性组织或团体与外国的政治性组织或团体建立联系。”这一规定就是通常所说的23条立法。它既体现了国家对香港特别行政区的信任，也明确了香港特别行政区负有维护国家安全的宪制责任和立法义务。然而，香港回归20多年来，由于反中乱港势力和外部敌对势力的极力阻挠、干扰，23条立法一直没有完成。而且，自2003年23条立法受挫以来，这一立法在香港已被一些别有用心的人严重污名化、妖魔化，香港特别行政区完成23条立法实际上已经很困难。香港现行法律中一些源于回归之前、本来可以用于维护国家安全的有关规定，长期处于“休眠”状态。除了法律制度外，香港特别行政区在维护国家安全的机构设置、力量配备和执法权力等方面存在明显缺失，有关执法工作需要加强；香港社会需要大力开展维护国家安全的教育，普遍增强维护国家安全的意识。总的看，香港基本法明确规定的23条立法有被长期“搁置”的风险，香港特别行政区现行法律的有关规定难以有效执行，维护国家安全的法律制度和执行机制都明显存在不健全、不适应、不符合的“短板”问题，致使香港特别行政区危害国家安全的各种活动愈演愈烈，保持香港长期繁荣稳定、维护国家安全面临着不容忽视的风险。

党的十九届四中全会明确提出：“建立健全特别行政区维护国家安全的法律制度和执行机制，支持特别行政区强化执法力量。”“绝不容忍任何挑战‘一国两制’底线的行为，绝不容忍任何分裂国家的行为。”贯彻落实党中央决策部署，在香港目前形势下，必须从国家层面建立健全香港特别行政区维护国家安全的法律制度和执行机制，改变国家安全领域长期“不设防”状况，在宪法和香港基本法的轨道上推进维护国家安全制度建设，加强维护国家安全工作，确保香港“一国两制”事业行稳致远。

根据宪法和香港基本法，结合多年来国家在特别行政区制度构建和发展方面的实践，从国家层面建立健全香港特别行政区维护国家安全的法律制度和执行机制，有多种可用方式，包括全国人大及其常委会作出决定、制定法律、修改法律、解释法律、将有关全国性法律列入香港基本法附件三和中央人民政府发出指令等。中央和国家有关部门在对各种因素进行综合分析、评估和研判的基础上，经认真研究并与有关方面沟通后提出了采取“决定 立法”的方式，分两步予以推进。第一步，全国人民代表大会根据宪法和香港基本法的有关规定，作出关于建立健全香港特别行政区维护国家安全的法律制度和执行机制的决定，就相关问题作出若干基本规定，同时授权全国人大常委会就建立健全香港特别行政区维护国家安全的法律制度和执行机制制定相关法律；第二步，全国人大常委会根据宪法、香港基本法和全国人大有关决定的授权，结合香港特别行政区具体情况，制定相关法律并决定将相关法律列入香港基本法附件三，由香港特别行政区在当地公布实施。

2020年5月18日，第十三届全国人民代表大会常务委员会第十八次会议听取和审议了《国务院关于香港特别行政区维护国家安全情况的报告》。会议认为，有必要从国家层面建立健全香港特别行政区维护国家安全的法律制度和执行机制，同意国务院有关报告提出的建议。根据宪法和香港基本法的有关规定，全国人大常委会法制工作委员会拟订了《全国人民代表大会关于建立健全香港特别行政区维护国家安全的法律制度和执行机制的决定（草案）》，经全国人大常委会会议审议后决定，由全国人大常委会提请十三届全国人大三次会议审议。

王晨作说明时说，新形势下从国家层面建立健全香港特别行政区维护国家安全的法律制度和执行机制工作的总体要求是，坚持以习近平新时代中国特色社会主义思想为指导，全面贯彻党的十九大和十九届二中、三中、四中全会精神，深入贯彻总体国家安全观，坚持和完善“一国两制”制度体系，把维护中央对特别行政区全面管治权和保障特别行政区高度自治权有机结合起来，加强维护国家安全制度建设和执法工作，坚定维护国家主权、安全、发展利益，维护香港长期繁荣稳定，确保“一国两制”方针不会变、不动摇，确保“一国两制”实践不变形、不走样。

贯彻上述总体要求，必须遵循和把握好以下基本原则。

一是坚决维护国家安全。维护国家安全是保证国家长治久安、保持香港长期繁荣稳定的必然要求，是包括香港同胞在内的全中国人民的共同义务，是国家和香港特别行政区的共同责任。任何危害国家主权安全、挑战中央权力和香港基本法权威、利用香港对内地进行渗透破坏的活动，都是对底线的触碰，都是绝不能允许的。

二是坚持和完善“一国两制”制度体系。“一国”是实行“两制”的前提和基础，“两制”从属和派生于“一国”并统一于“一国”之内。必须坚定不移并全面准确贯彻“一国两制”、“港人治港”、高度自治的方针，准确把握“一国两制”正确方向，充分发挥“一国两制”制度优势，完善香港特别行政区同宪法和香港基本法实施相关的制度和机制。

三是坚持依法治港。宪法和香港基本法共同构成香港特别行政区的宪制基础。必须坚决维护宪法和香港基本法确定的宪制秩序，严格依照宪法和香港基本法对香港特别行政区实行管治，支持香港特别行政区行政长官和政府依法施政，牢固树立并坚决维护法治权威，任何违反法律、破坏法治的行为都必须依法予以追究。

四是坚决反对外来干涉。香港特别行政区事务是中国的内政，不受任何外部势力干涉。必须坚决反对任何外国及其组织或者个人以任何方式干预香港事务，坚决防范和遏制外部势力干预香港事务和进行分裂、颠覆、渗透、破坏活动。对于任何外国制定、实施干预香港事务的有关立法、行政或者其他措施，国家将采取一切必要措施予以反制。

五是切实保障香港居民合法权益。维护国家安全同尊重保障人权，从根本上来说是一致的。依法有效防范、制止和惩治危害国家安全的极少数违法犯罪行为，是为了更好地保障香港绝大多数居民的生命财产安全，更好地保障基本权利和自由。任何维护国家安全的工作和执法，都必须严格依照法律规定、符合法定职权、遵循法定程序，不得侵犯香港居民、法人和其他组织的合法权益。

王晨作说明时说，决定草案分为导语和正文两部分。导语部分扼要说明作出这一决定的起因、目的和依据。全国人民代表大会的相关决定，是根据宪法第三十一条和第六十二条第二项、第十四项、第十六项的规定以及香港基本法的有关规定，充分考虑维护国家安全的现实需要和香港特别行政区的具体情况，就建立健全香港特别行政区维护国家安全的法律制度和执行机制作出的制度安排。这一制度安排，符合宪法规定和宪法原则，与香港基本法有关规定是一致的，将有效地维护香港特别行政区国家安全，有力地巩固和拓展“一国两制”的法治基础、政治基础和社会基础。

决定草案正文部分共有7条。

第一条，阐明国家坚定不移并全面准确贯彻“一国两制”、“港人治港”、高度自治的方针；强调采取必要措施建立健全香港特别行政区维护国家安全的法律制度和执行机制，依法防范、制止和惩治危害国家安全的行为和活动。

第二条，阐明国家坚决反对任何外国和境外势力以任何方式干预香港特别行政区事务，采取必要措施予以反制。

第三条，明确规定维护国家主权、统一和领土完整是香港特别行政区的宪制责任；强调香港特别行政区应当尽早完成香港基本法规定的维护国家安全立法，香港特别行政区行政机关、立法机关、司法机关应当依据有关法律规定有效防范、制止和惩治危害国家安全的行为。

第四条，明确规定香港特别行政区应当建立健全维护国家安全的机构和执行机制；中央人民政府维护国家安全的有关机关根据需要在香港特别行政区设立机构，依法履行维护国家安全相关职责。

第五条，明确规定香港特别行政区行政长官应当就香港特别行政区履行维护国家安全职责、开展国家安全推广教育、依法禁止危害国家安全的行为等情况，定期向中央人民政府提交报告。

第六条，明确全国人大常委会相关立法的宪制含义，包括三层含义：一是授权全国人大常委会就建立健全香港特别行政区维护国家安全的法律制度和执行机制制定相关法律，全国人大常委会将据此行使授权立法职权；二是明确全国人大常委会相关法律的任务是，切实防范、制止和惩治发生在香港特别行政区内的任何分裂国家、颠覆国家政权、组织实施恐怖活动等严重危害国家安全的行为以及外国和境外势力干预香港特别行政区事务的活动；三是明确全国人大常委会相关法律在香港特别行政区实施的方式，即全国人大常委会决定将相关法律列入香港基本法附件三，由香港特别行政区在当地公布实施。

第七条，明确本决定的施行时间，即自公布之日起施行。

王晨最后说，全国人民代表大会根据新的形势和需要作出的上述制度安排，包括授权全国人大常委会就建立健全香港特别行政区维护国家安全的法律制度和执行机制制定相关法律，进一步贯彻落实了宪法和香港基本法的有关规定。香港特别行政区根据香港基本法第23条规定仍然负有维护国家安全的宪制责任和立法义务，应当尽早完成维护国家安全的有关立法。任何维护国家安全的立法及其实施都不得同本决定相抵触。

本决定作出后，全国人大常委会将会同有关方面及早制定香港特别行政区维护国家安全的相关法律，积极推动解决香港特别行政区在维护国家安全制度方面存在的突出问题，加强专门机构、执行机制和执法力量建设，确保相关法律在香港特别行政区有效实施。
来源：新华社

Original title: Important draft involving Hong Kong, a total of 7

Xinhua News Agency, Beijing, May 22-Wang Chen, vice chairman of the Standing Committee of the 13th National People's Congress, wrote to the Third Session of the 13th National People's Congress on the morning of May 22 on the "National People's Congress on the Establishment and Improvement of the Hong Kong Special Administrative Region to Maintain National Security" Description of the Legal System and Implementation Mechanism Decision (Draft).

Wang Chen explained that since the return of Hong Kong, the country has firmly implemented the policies of "one country, two systems", "Hong Kong people ruling Hong Kong" and a high degree of autonomy. The practice of "one country, two systems" has achieved unprecedented success in Hong Kong; at the same time, the practice of "one country, two systems" Encountered some new situations and new problems, and faced new risks and challenges. At present, a prominent problem is that the national security risks of the Hong Kong Special Administrative Region have become increasingly prominent. Especially since the "revision storm" occurred in Hong Kong in 2019, the anti-China chaotic Hong Kong forces openly advocated "Hong Kong independence", "self-determination", "referendum" and other claims, engaged in activities that undermine national unity and split the country; blatantly insulted and defaced The national flag and national emblem incite Hong Kong people to fight against the Chinese Communist Party, to siege the central government agencies in Hong Kong, to discriminate and to exclude mainlanders from Hong Kong; to deliberately undermine Hong Kong ’s social order, to violently fight the law enforcement of the police, to destroy public facilities and property, and to paralyze government governance and the operation of the Legislative Council. It should also be noted that in recent years, some foreign and foreign forces have blatantly intervened in Hong Kong affairs, intervened and made troubles through various means such as legislation, administration, and non-governmental organizations, and have joined forces with Hong Kong ’s anti-China and chaotic Hong Kong forces. The chaotic Hong Kong forces support themselves, provide protective umbrellas, and use Hong Kong to engage in activities that endanger our country ’s national security. These behaviors and activities seriously challenge the bottom line of the principle of "one country, two systems", seriously undermine the rule of law, and seriously jeopardize national sovereignty, security, and development interests. We must take effective measures to prevent, stop, and punish the law.

Article 23 of the Hong Kong Basic Law stipulates: "The Hong Kong Special Administrative Region shall legislate itself to prohibit any acts of treason, split the country, incite rebellion, subvert the Central People's Government and steal state secrets, and prohibit foreign political organizations or groups from carrying out political activities in the Hong Kong Special Administrative Region. It is forbidden for political organizations or groups in the Hong Kong Special Administrative Region to establish contact with foreign political organizations or groups. "This provision is commonly referred to as Article 23 legislation. It not only embodies the country's trust in the Hong Kong Special Administrative Region, but also clarifies that the Hong Kong Special Administrative Region has the constitutional responsibility and legislative obligation to maintain national security. However, since the return of Hong Kong more than 20 years ago, due to the strong obstruction and interference of the anti-China chaotic Hong Kong forces and external hostile forces, Article 23 legislation has not been completed. Moreover, since the failure of 23 legislations in 2003, this legislation has been severely stigmatized and demonized by people with ulterior motives in Hong Kong. It is actually very difficult for the Hong Kong Special Administrative Region to complete the 23 legislations. Some of the current laws in Hong Kong stem from the relevant regulations that could have been used to maintain national security before the reunification, and have been in a "sleep" state for a long time. In addition to the legal system, the Hong Kong Special Administrative Region has obvious deficiencies in the establishment of national security institutions, strength and law enforcement powers. Law enforcement work needs to be strengthened; Hong Kong society needs to vigorously develop national security education and generally strengthen the maintenance of national security. awareness. In general, the 23 pieces of legislation clearly stipulated in the Hong Kong Basic Law have the risk of being “shelved” for a long time. The relevant provisions of the current laws of the Hong Kong Special Administrative Region are difficult to implement effectively. The legal system and enforcement mechanism for maintaining national security are obviously unsound and unsuitable. 1. The "shortcomings" of inconsistency have caused various activities of the Hong Kong Special Administrative Region that endanger national security to intensify. The maintenance of Hong Kong ’s long-term prosperity and stability and the maintenance of national security face risks that cannot be ignored.

The Fourth Plenary Session of the Nineteenth Central Committee of the Party made it clear: "Establish and improve the legal system and enforcement mechanism of the Special Administrative Region to maintain national security, and support the Special Administrative Region to strengthen law enforcement." "We will never tolerate any behavior that challenges the" one country, two systems "bottom line, and will not tolerate Any act of splitting the country. "To implement the Party Central Committee's decision-making and deployment, under the current situation in Hong Kong, it is necessary to establish and improve the Hong Kong Special Administrative Region's legal system and enforcement mechanism from the national level to maintain national security, and change the long-term" no defense "situation in the national security field. On the track of the Constitution and the Basic Law of Hong Kong, we will promote the construction of a system for safeguarding national security, strengthen the work of safeguarding national security, and ensure that Hong Kong's "one country, two systems" cause is stable and far-reaching.

According to the Constitution and the Basic Law of Hong Kong, combined with the country ’s practice in the construction and development of the Special Administrative Region system over the years, a legal system and enforcement mechanism for the establishment of a Hong Kong Special Administrative Region to maintain national security have been established at the national level. There are a variety of methods available, including the National People ’s Congress and its The Standing Committee makes decisions, formulates laws, revises laws, interprets laws, lists relevant national laws in Annex III of the Hong Kong Basic Law and issues instructions from the Central People's Government. On the basis of comprehensive analysis, evaluation and judgment of various factors, the central and national relevant departments, after careful research and communication with the relevant parties, proposed the "decision legislation" method, which was promoted in two steps. In the first step, the National People's Congress made a decision on the establishment and improvement of the legal system and enforcement mechanism of the Hong Kong Special Administrative Region to maintain national security in accordance with the Constitution and the relevant provisions of the Hong Kong Basic Law, made certain basic provisions on relevant issues, and authorized the Standing Committee of the National People's Congress To formulate relevant laws on the establishment and improvement of the legal system and enforcement mechanism of the Hong Kong Special Administrative Region to safeguard national security; in the second step, the NPC Standing Committee formulates relevant laws based on the authorization of the Constitution, the Hong Kong Basic Law and relevant decisions of the National People ’s Congress, taking into account the specific circumstances of the Hong Kong Special Administrative Region It also decided to include relevant laws in Annex III of the Hong Kong Basic Law, which will be announced and implemented by the Hong Kong Special Administrative Region.

On May 18, 2020, the Eighteenth Meeting of the Standing Committee of the Thirteenth National People's Congress heard and reviewed the "State Council Report on the Maintenance of National Security in the Hong Kong Special Administrative Region." The meeting believed that it was necessary to establish and improve the legal system and enforcement mechanism of the Hong Kong Special Administrative Region to safeguard national security at the national level, and agreed with the recommendations of the relevant report of the State Council. According to the relevant provisions of the Constitution and the Basic Law of Hong Kong, the Legislative Affairs Working Committee of the Standing Committee of the National People ’s Congress has formulated the “Decision of the National People ’s Congress on Establishing and Improving the Legal System and Enforcement Mechanism for the Maintenance of National Security in the Hong Kong Special Administrative Region (Draft)”, approved by the Standing Committee of the National People ’s Congress After the deliberation of the meeting, it was decided that the Standing Committee of the National People's Congress should submit it to the Third Session of the 13th National People's Congress for deliberation.

In his explanation, Wang Chen said that the overall requirement for establishing and improving the legal system and enforcement mechanism of the Hong Kong Special Administrative Region to safeguard national security under the new situation is to adhere to the guidance of Xi Jinping ’s socialist ideology with Chinese characteristics in the new era and fully implement the Party ’s The spirit of the 19th National Congress and the Second, Third, and Fourth Plenary Sessions of the Nineteenth National Congress and the 19th National Congress Combine organically, strengthen the maintenance of national security system construction and law enforcement, firmly safeguard national sovereignty, security and development interests, maintain Hong Kong's long-term prosperity and stability, ensure that the "one country, two systems" policy will not change, unwavering, and ensure that the "one country, two systems" practice will not change. Don't lose shape.

To implement the above general requirements, the following basic principles must be followed and grasped.

One is to resolutely safeguard national security. Maintaining national security is an inevitable requirement for ensuring long-term stability of the country and maintaining the long-term prosperity and stability of Hong Kong. It is the common obligation of the entire Chinese people, including Hong Kong compatriots, and the joint responsibility of the country and the Hong Kong Special Administrative Region. Any activities that endanger national sovereignty, challenge central authority and the authority of Hong Kong ’s Basic Law, and use Hong Kong to infiltrate and destroy the mainland are all touches on the bottom line and must not be allowed.

The second is to uphold and improve the "one country, two systems" system. "One country" is the premise and basis for the implementation of "two systems". "Two systems" are subordinate and derived from "one country" and unified within "one country". We must unswervingly and comprehensively and accurately implement the policies of "one country, two systems", "Hong Kong people ruling Hong Kong" and a high degree of autonomy, accurately grasp the correct direction of "one country, two systems", give full play to the advantages of the "one country, two systems" system, and improve the Hong Kong Special Administrative Region in relation to the implementation of the Constitution and the Hong Kong Basic Law System and mechanism.

The third is to insist on governing Hong Kong according to law. The Constitution and the Hong Kong Basic Law together constitute the constitutional foundation of the Hong Kong Special Administrative Region. We must resolutely maintain the constitutional order established by the Constitution and the Hong Kong Basic Law, strictly govern the Hong Kong Special Administrative Region in accordance with the Constitution and the Hong Kong Basic Law, support the Chief Executive and the Government of the Hong Kong Special Administrative Region to govern in accordance with the law, firmly establish and firmly maintain the rule of law authority, any violation of the law, Acts that undermine the rule of law must be investigated according to law.

The fourth is to resolutely oppose foreign interference. The affairs of the Hong Kong Special Administrative Region are China's internal affairs and are not subject to interference by any external forces. We must resolutely oppose any foreign countries and their organizations or individuals interfering in Hong Kong affairs in any way, and resolutely prevent and contain external forces from interfering in Hong Kong affairs and engaging in activities of division, subversion, infiltration and sabotage. For any foreign country to formulate or implement relevant legislative, administrative or other measures that interfere in Hong Kong affairs, the state will take all necessary measures to counteract it.

Fifth, we must effectively protect the legitimate rights and interests of Hong Kong residents. Fundamentally speaking, maintaining national security and respecting and protecting human rights are consistent. The effective prevention, suppression and punishment of the very few illegal and criminal acts that endanger national security in accordance with the law are to better protect the safety of life and property of the vast majority of Hong Kong residents and to better protect their basic rights and freedoms. Any work and law enforcement to safeguard national security must strictly comply with legal provisions, comply with statutory powers, and follow statutory procedures, and must not infringe on the legitimate rights and interests of Hong Kong residents, legal persons, and other organizations.

Wang Chen said in his explanation that the draft decision is divided into two parts: the introduction and the body. The introduction part briefly explains the reason, purpose and basis for making this decision. The relevant decisions of the National People ’s Congress are based on the provisions of Articles 31 and 62, paragraphs 2, 14 and 16, as well as the relevant provisions of the Hong Kong Basic Law, and fully consider maintaining national security. The actual needs and the specific circumstances of the Hong Kong Special Administrative Region make institutional arrangements for the establishment and improvement of the Hong Kong Special Administrative Region ’s legal system and enforcement mechanism for safeguarding national security. This institutional arrangement conforms to the constitutional provisions and constitutional principles and is consistent with the relevant provisions of the Hong Kong Basic Law. It will effectively maintain the national security of the Hong Kong Special Administrative Region and effectively consolidate and expand the rule of law, political and social foundations of "one country, two systems".

There are 7 articles in the body of the draft decision.

The first article clarifies the country ’s unwavering and comprehensive and accurate implementation of the policies of "one country, two systems", "Hong Kong people ruling Hong Kong", and a high degree of autonomy; it emphasizes the necessary measures to establish and improve the legal system and enforcement mechanism of the Hong Kong Special Administrative Region to maintain national security, prevent, Stop and punish acts and activities that endanger national security.

Article 2 states that the country is firmly opposed to any foreign and foreign forces interfering in the affairs of the Hong Kong Special Administrative Region in any way, and taking necessary measures to counter it.

Article 3 clearly stipulates that the maintenance of national sovereignty, unity and territorial integrity is the constitutional responsibility of the Hong Kong Special Administrative Region; it emphasizes that the Hong Kong Special Administrative Region should complete the legislation for safeguarding national security as provided by the Hong Kong Basic Law as soon as possible. It is necessary to effectively prevent, stop and punish acts that endanger national security in accordance with relevant laws and regulations.

Article 4 clearly stipulates that the Hong Kong Special Administrative Region shall establish and improve institutions and enforcement mechanisms for the maintenance of national security; the relevant organs of the Central People ’s Government for the maintenance of national security shall establish institutions in the Hong Kong Special Administrative Region as necessary to perform duties related to the maintenance of national security.

Article 5 clearly stipulates that the Chief Executive of the Hong Kong Special Administrative Region shall regularly submit reports to the Central People's Government on the situation of the Hong Kong Special Administrative Region performing its duties of maintaining national security, conducting national security promotion education, and prohibiting acts that endanger national security according to law.

Article 6, clarify the constitutional meaning of the relevant legislation of the NPC Standing Committee, including three meanings: First, authorize the NPC Standing Committee to formulate relevant laws on the establishment and improvement of the legal system and enforcement mechanism of the Hong Kong Special Administrative Region to maintain national security. The NPC Standing Committee It will exercise the authority to authorize legislation accordingly. Second, it is clear that the tasks of the relevant laws of the Standing Committee of the National People ’s Congress are to effectively prevent, stop, and punish any serious harms such as splitting the country, subverting the state power, and organizing terrorist activities in the Hong Kong Special Administrative Region. Acts of national security and activities of foreign and foreign forces interfering in the affairs of the Hong Kong Special Administrative Region; Third, it is clear how the relevant laws of the NPC Standing Committee are implemented in the Hong Kong Special Administrative Region, that is, the NPC Standing Committee decides to include the relevant laws in Annex III of the Hong Kong Basic Law, The implementation will be announced locally by the Hong Kong Special Administrative Region.

Article 7 clarifies the time for the implementation of this decision, that is, it shall be implemented as of the date of promulgation.

Wang Chen concluded by saying that the above-mentioned institutional arrangements made by the National People ’s Congress in light of the new situation and needs include authorizing the Standing Committee of the National People ’s Congress to formulate relevant laws on the establishment and improvement of the Hong Kong Special Administrative Region ’s legal system and enforcement mechanism for the maintenance of national security, and further implemented The relevant provisions of the Constitution and Hong Kong Basic Law. According to Article 23 of the Hong Kong Basic Law, the Hong Kong Special Administrative Region still has the constitutional responsibility and legislative obligations to maintain national security, and it should complete the relevant legislation to safeguard national security as soon as possible. Any legislation and its implementation that safeguards national security must not contradict this decision.

After this decision is made, the Standing Committee of the National People's Congress will work with relevant parties to formulate relevant laws on the maintenance of national security in the Hong Kong Special Administrative Region as early as possible, actively promote the resolution of outstanding problems in the maintenance of the national security system of the Hong Kong Special Administrative Region, and strengthen specialized agencies, enforcement mechanisms and law enforcement Strengthen the construction to ensure that relevant laws are effectively implemented in the Hong Kong Special Administrative Region.
Source: Xinhua News Agency

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The United States condemns the People’s Republic of China (PRC) National People’s Congress proposal to unilaterally and arbitrarily impose national security legislation on Hong Kong. The decision to bypass Hong Kong’s well-established legislative processes and ignore the will of the people of Hong Kong would be a death knell for the high degree of autonomy Beijing promised for Hong Kong under the Sino-British Joint Declaration, a UN-filed agreement.

Hong Kong has flourished as a bastion of liberty. The United States strongly urges Beijing to reconsider its disastrous proposal, abide by its international obligations, and respect Hong Kong’s high degree of autonomy, democratic institutions, and civil liberties, which are key to preserving its special status under U.S. law. Any decision impinging on Hong Kong’s autonomy and freedoms as guaranteed under the Sino-British Joint Declaration and the Basic Law would inevitably impact our assessment of One Country, Two Systems and the status of the territory.

We stand with the people of Hong Kong.

(US State Department Press Release; original HERE).

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Press release

Joint statement by UK Foreign Secretary Dominic Raab, Australian Foreign Minister Marise Payne and Canadian Foreign Minister François-Philippe Champagne, responding to China’s proposed new security law for Hong Kong.


Published 22 May 2020
From: Foreign & Commonwealth Office and The Rt Hon Dominic Raab MP

We are deeply concerned at proposals for introducing legislation related to national security in Hong Kong.

The legally binding Joint Declaration, signed by China and the UK, sets out that Hong Kong will have a high degree of autonomy. It also provides that rights and freedoms, including those of the person, of the press, of assembly, of association and others, will be ensured by law in Hong Kong, and that the provisions of the two UN covenants on human rights (the International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights) shall remain in force.

Making such a law on Hong Kong’s behalf without the direct participation of its people, legislature or judiciary would clearly undermine the principle of ‘One Country, Two Systems’, under which Hong Kong is guaranteed a high degree of autonomy.

(The Press Release may be accessed HERE) .

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