National Security Law in Hong Kong: Quo Vadis - A Study of Article 23 of the Basic Law of Hong Kong
![handle is hein.journals/uclapblj19 and id is 195 raw text is: ARTICLES
NATIONAL SECURITY
LAW IN HONG KONG: QUO VADIS
A STUDY OF ARTICLE 23 OF THE
BASIC LAW OF HONG KONG
H. L. Fu and Richard Cullen*
I. INTRODUCTION
Since the creation of British Hong Kong more than 150
years ago, and especially since the formation of the People's Re-
public of China (PRC) in 1949, Hong Kong and the PRC have
developed two entirely different legal and political cultures. As
the termination of the lease over Hong Kong's New Territories
drew closer in the 1980s, a treaty was entered into (known as the
Joint Declaration) between the PRC and the United Kingdom.
The Joint Declaration set out various grounds for the reunifica-
tion of the (British) Territory of Hong Kong with Mainland
China.1 This resumption of sovereignty took place on July 1,
1997 when Hong Kong became the Hong Kong Special Adminis-
trative Region (HKSAR) of the PRC. Following the signing of
the Joint Declaration, the Basic Law2 of the HKSAR was drafted
* H. L. Fu is currently an Associate Professor in the Faculty of Law at the
University of Hong Kong. Richard Cullen is currently a Visiting Professor at the
School of Law at the City University of Hong Kong and is also a Professor in the
Department of Business Law and Taxation at Monash University in Victoria, Aus-
tralia. This article also draws on arguments made in H. L. Fu, Richard Cullen &
Pinky Choy, Curbing the Enemies of the State, 5 J. OF CHINESE & CoMP. L. 45 (2001-
02). The authors would like to express their thanks to Pinky Choy of the School of
Law, City University of Hong Kong for her invaluable assistance. The authors also
wish to express their thanks to the Research Grants Council of Hong Kong for fund-
ing the research on which this paper is based. The views expressed are those of the
authors.
1. This term is used to denote that part of China comprising the PRC but not
Hong Kong and Macao and not including Taiwan.
2. THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
OF THE P.R.C. (1990) [hereinafter BASIC LAW].](ViewImageLocal?handle=hein.journals/uclapblj19&div=12&collection=&method=preview&ext=.png&size=3)
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National Security Law in Hong Kong: Quo Vadis - A Study of Article 23 of the Basic Law of Hong Kong
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