The spokesperson of the Commissioner's Office strongly disapproves and firmly opposes groundless accusations by the US side against the National Security Law
2020/07/06

On 6 July, in response to the accusations against the Law of the People's Republic of China on Safeguarding National Security in the HKSAR (the National Security Law) by a principal official of the US Consulate-General to Hong Kong in an interview, the spokesperson of the Commissioner's Office expressed strong disapproval and firm opposition.

 

 

 

The spokesperson said that it is a common practice globally, including in the US, that safeguarding national security falls within the purview of the Central Authorities. Therefore, it is wrong to apply double standards and point fingers at the Chinese Central Government's enactment of the National Security Law.

 

 

 

The spokesperson pointed out that the Chinese government enacted the law in strict compliance with the Constitution of the PRC, the Legislation Law of the PRC, and the Basic Law of the HKSAR, and the procedure was thorough, rules-based, sound, democratic and transparent. In the lawmaking process, the Central Government consulted via multiple means the Hong Kong community extensively, including the Chief Executive, principal officials, NPC deputies and CPPCC members, members of the HKSAR Basic Law Committee, and the legal profession in Hong Kong among others. Nearly 3 million Hong Kong citizens signed a petition endorsing the legislation in eight days. Why has the US side ignored these facts?

 

 

 

The spokesperson said that the National Security Law stipulates in the general principles that human rights shall be respected and protected; that the rights and freedoms, including the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration, which the residents of the Region enjoy under the Basic Law of the HKSAR and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong, shall be protected in accordance with the law; and that the international principle of the rule of law shall be adhered to, including the principle of legality, presumption of innocence, the rule against double jeopardy, the protection of the rights of the parties in judicial proceedings, and fair trial. Are there also such a large number of provisions safeguarding human rights in the national security laws of the US? What are the grounds for accusing this law of eroding the city's fundamental freedoms?

 

 

 

The spokesperson emphasized that "One Country, Two Systems" is a basic state policy of China, and no one has more determination and good faith than the Chinese government to implement the policy. "Two Systems" can only operate within "One Country", which is the very foundation. And the high degree of autonomy - not full autonomy - that Hong Kong enjoys can only work within the framework of "One Country, Two Systems". The National Security Law is intended exactly to ensure the enduring success of "One Country, Two Systems" and long-term prosperity and stability of Hong Kong. The US side should carefully study the Constitution of the PRC, the Basic Law of the HKSAR and the National Security Law so as to fully and accurately understand "One Country, Two Systems".

 

 

 

The spokesperson pointed out that the legal grounds for the Chinese government's governance of the HKSAR are the Constitution of the PRC and the Basic Law of the HKSAR, not the Sino-British Joint Declaration. After Hong Kong returned to China on 1 July 1997, foreign countries including the US have no sovereignty, jurisdiction or right of supervision over Hong Kong. China firmly opposes any attempt by the US to meddle with Hong Kong affairs under the pretext of the joint declaration.

 

 

 

The spokesperson pointed out that it is in line with the principle of protective jurisdiction, an international common practice, that the National Security Law applies to offences under this Law committed against the HKSAR from outside the Region by a person who is not a permanent resident of the Region. It is simply unacceptable that the US criticizes China's reasonable practice that is consistent with the international norm even as it itself abuses long-arm jurisdiction against foreign businesses and individuals.

 

 

 

The spokesperson pointed out that Hong Kong is part of China, and it is only right and proper for the Central Government of China to enact and implement the National Security Law in accordance with the Constitution and other laws. It is the US sanctions over the law that has violated international law and basic norms governing international relations.

 

 

 

The spokesperson said that no international financial center, be it New York, London or Hong Kong, will see its business environment undermined because of the implementation of national security legislation. Although it has only been six days since the implementation of the National Security Law, its positive effects have already manifested themselves. The consensus for stability and peace and the momentum of solidarity and development are building across Hong Kong society, and the citizens are feeling safer as hatred, division and the intensity of violence are declining. Since late May, the Hang Seng Index has kept rising and the Hong Kong dollar remained strong. The majority of foreign businesses have chosen to stay. All of these are votes of confidence cast by international investors in the National Security Law.

 

 

 

The spokesperson emphasized that the Chinese government is rock-firm in safeguarding national sovereignty, security and development interests, in implementing the "One Country, Two Systems" policy, and in opposing any external interference in Hong Kong affairs. The US side should reverse its course and immediately stop meddling with China's internal affairs in any possible way.

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