Security law yields good governance

June 30, 2024

The legal system and enforcement mechanisms of the Hong Kong Special Administrative Region for safeguarding national security have been improved with the Safeguarding National Security Ordinance (SNSO) taking effect upon gazettal on March 23.
 
The Government made the statement today, which marks the fourth anniversary of the implementation of the Hong Kong National Security Law (NSL).
 
It stressed that it will continue to strengthen its work on safeguarding national security and focus full efforts on developing a vibrant economy and a caring community to foster a greater sense of fulfilment, happiness and security among the people.
     
Noting that national security is a top priority for any country as it forms the basis for a country's existence and development, the Government emphasised that the Hong Kong SAR had long been “defenceless” in terms of national security, allowing external forces and anti-China disruptors to take advantage.
 
The “anti-national education” incident in 2012, the illegal “Occupy Central” movement in 2014, the Mong Kok riot in 2016 and the '”black-clad violence” and Hong Kong version of “colour revolution” in 2019 caused the public to live in fear.
 
They also sought to destroy the city's rule of law, public order and political system, seriously endangering national security. Thanks to the decisive act of the central authorities in enacting the NSL, which was promulgated for implementation by the Hong Kong SAR in 2020, these shortcomings were addressed and the loopholes in the legal system and enforcement mechanisms for the city to safeguard national security were plugged, the Government added.
 
The effect of the NSL was immediate. Apart from pointing out that it turned Hong Kong from chaos to order, bringing people's livelihoods and economic activities back to normal, the Government said that the city’s rise in global competitiveness rankings to be among the world's top economies is the best testament to the fact that high-level security protection would underpin high-quality development.
     
The NSL and the SNSO are compatible and complementary, jointly establishing a comprehensive and effective legal system to safeguard national security and ensure the effective protection of national security, the Government stated.
 
This “dual legislation and dual enforcement mechanism” gives full play to institutional advantages, building a strong line of defence to maintain security and stability in Hong Kong as well as providing solid institutional safeguards to promote good governance, it highlighted.
     
The laws of Hong Kong on safeguarding national security attach great importance to human rights, stipulating that rights and freedoms enjoyed under the Basic Law and the provisions of the two international covenants as applied to the city shall be protected in accordance with the law.
 
The principle of protecting human rights and freedoms is enshrined in statute and in line with international standards, and is concretely and meticulously covered by various provisions in both the NSL and the SNSO.
     
The Government pointed out that the national security offences stipulated in the NSL and the SNSO clearly define their elements, penalties, exceptions and defences. These laws actively prevent, suppress and punish acts and activities that endanger national security, in accordance with the principle of the rule of law.
 
Additionally, they target an extremely small minority of people and organisations that pose a threat to national security, while protecting the lives and property of the public. Law-abiding people including ordinary travellers and businesspeople visiting Hong Kong will not engage in acts and activities that endanger national security and will not unwittingly violate the law, and therefore have no reason to be worried.
 
When discharging their duty to safeguard national security, the Hong Kong SAR law enforcement agencies have been taking law enforcement actions based on evidence and strictly in accordance with the law.
 
Furthermore, the Department of Justice makes independent prosecutorial decisions, and prosecutions will commence only when there is sufficient admissible evidence to support a reasonable prospect of conviction and if it is in the public interest to do so.
 
The Judiciary, meanwhile, exercises judicial power independently in accordance with the law. As guaranteed by the Basic Law and the Hong Kong Bill of Rights, all defendants charged with a criminal offence shall have the right to a fair trial by the Judiciary.
     
The Government said that since the implementation of the NSL, Hong Kong society has rapidly restored stability and with the SNSO now in effect, national security is protected even more effectively.
 
However, given the increasingly complicated geopolitical situation, Hong Kong still faces ever-changing risks to national security. External forces, people with ulterior motives, and anti-China and destabilising individuals who have absconded overseas continue to smear the situation of the Hong Kong SAR, attempting to interfere in fair trials of the court and undermine Hong Kong's prosperity and stability.
 
The Government said that in addition to collaborating with various sectors of the community to fully implement the “dual legislation and dual enforcement mechanism” to safeguard national security, it will continue to heighten the sense of crisis and adhere to a bottom-line mentality, remaining vigilant and prepared to address such challenges.
     

It reiterated that it is steadfast in safeguarding national sovereignty, security and development interests, fully and faithfully upholding the highest principle of “one country, two systems”, while protecting the legal interests, rights and freedoms of Hong Kong people and other people in the city in accordance with the law.
 
The Government added that it will resolutely safeguard the overall interest of the community and the long-term prosperity and stability of Hong Kong, ensuring the steadfast and successful implementation of “one country, two systems”.

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