About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (June 04, 2020)

handle is hein.crs/govdaur0001 and id is 1 raw text is: 01;0i E~$~ & June 4, 2020 China Moves to Impose National Security Law on Hong Kong China's legislature, the National People's Congress (NPC), on May 28, 2020, adopted a decision authorizing its Standing Committee (NPCSC) to write national security laws that will apply only to China's Hong Kong Special Administrative Region (HKSAR). The decision also requires the HKSAR government to pass local legislation to protect China's national security, although previous attempts to pass national security legislation in the city have failed in the face of massive public protests. Many observers see the NPC decision as a violation of China's obligations under two of Hong Kong's foundational documents. The first is the 1984 Sino-British Joint Declaration on the Question of Hong Kong, the international treaty on the transfer of sovereignty over Hong Kong from the United Kingdom to China on July 1, 1997. The second is China's Basic Law of the HKSAR of 1990, which established the HKSAR. Both documents state that the HKSAR is to enjoy a high degree of autonomy, except in foreign and defence affairs and that the rights and freedoms of the people of Hong Kong will remain unchanged until at least 2047. Many observers also view the NPC's decision as contrary to China's one country, two systems policy, under which the people of Hong Kong are to govern Hong Kong. China insists the moves are necessary to maintain and improve the one country, two systems policy in a situation in which it believes the one country part of the formula has come under threat from advocates for resistance to China's central government in Beijing. On May 29, 2020, President Donald J. Trump accused China of extending the reach of China's invasive state security apparatus into what was formerly a bastion of liberty, and of doing so in violation of the Joint Declaration and the Basic Law. In response, the President said he would begin the process of eliminating policy exemptions that give Hong Kong different and special treatment. He did not specify a timeframe for action. Multiple bills related to protecting Hong Kong's autonomy are pending in the U.S. Congress. The NPC decision authorizes the NPCSC to formulate and impose on Hong Kong legislation to improve the HKSAR legal system and enforcement mechanisms. The legislation is to effectively prevent, stop, and punish acts and activities 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. The NPC decision also states that the HKSAR government should complete local national security legislation required by the Basic Law as soon as possible. In addition, Hong Kong's Chief Executive is instructed to effectively prevent, stop, and punish acts and activities endangering national security, carry out national security education in Hong Kong, and report regularly to Beijing about Hong Kong's national security work. Finally, the decision states, 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. It is unclear if these agencies will be branches of the national security organs, Hong Kong entities, or some form of joint entities. China's central government currently maintains in Hong Kong a Liaison Office, an Office of the Commissioner of the Ministry of Foreign Affairs, and a garrison of 12,000 People's Liberation Army soldiers. The NPC decision does not set a timeframe for the NPCSC to write the national security legislation or for central government national security organs to establish agencies in the HKSAR. The NPCSC, a select group of 159 of the full NPC's nearly 3,000 delegates, has the authority to pass legislation on its own, without having to return it to the full parliament for a vote. Once the NPCSC adopts the authorized national security laws, the NPC decision allows the NPCSC to decide to add the laws to the list of national laws applicable to the HKSAR in Annex III of the Basic Law. The NPCSC meets approximately every two months. It last met on May 18, 2020. To comply with the NPC decision, the HKSAR government and Hong Kong's Legislative Council (Legco) must pass the local legislation required by Article 23 of the Basic Law (See below). In addition, the HKSAR government is required to promulgate and implement the NPCSC- drafted national security legislation. Article 23 of the Basic Law-The Hong Kong Special Administrative Region 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. p\w -- , gn'a', g-o mppm qq\ a , q 'S I 11LIANJILiN,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most