Govt condemns US report
The Hong Kong Special Administrative Region Government today strongly disapproved of and firmly rejected the groundless attacks, slanders and smears against various aspects of the Hong Kong SAR in the so-called report issued by the US-China Economic & Security Review Commission (USCC).
In a statement, the Hong Kong SAR Government said it strongly disapproves of and firmly rejects USCC's wanton manoeuvre with politics prevailing over law-based administration and interference in the affairs of Hong Kong in the so-called report.
It stressed that it will continue to prevent, suppress and punish in accordance with the law acts and activities endangering national security. At the same time, it stated that it will press on with safeguarding the rights and freedoms enjoyed by its people in accordance with the law.
Once again, the Hong Kong SAR Government strongly urges individual US politicians to discern facts from fallacies, respect the international law and basic norms governing international relations, and immediately stop interfering in Hong Kong matters which are purely China's internal affairs, it added.
Regarding the laws safeguarding national security, the statement said that all countries in the world are duty bound to safeguard their national security, and the Hong Kong SAR as an inalienable part of the People's Republic of China is no exception.
“The Hong Kong SAR Government will not fear any hegemonism and intimidation by external forces and firmly rejects their interference in the affairs of Hong Kong.”
The statement noted that since the implementation of the Hong Kong National Security Law in June 2020, the US has deliberately turned a blind eye to the large-scale and incessant riots which occurred in 2019 and devastated the society, livelihood and economy of the city.
The US has also deliberately neglected that the implementation of the national security law has enabled the livelihood and economic activities of the Hong Kong community, as well the business environment, to return to normalcy. People living, and businesses operating, in Hong Kong have experienced the major transition from chaos to order herein, it added.
With the Safeguarding National Security Ordinance taking effect upon gazettal on March 23, the statement noted that the legal system and enforcement mechanisms of the Hong Kong SAR for safeguarding national security have been further improved.
“The Hong Kong National Security Law and the Safeguarding National Security Ordinance are compatible and complementary, jointly establishing a comprehensive and effective legal system for safeguarding national security and ensuring the effective protection of national security, 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.”
The Hong Kong National Security Law and the Safeguarding National Security Ordinance clearly define the elements of relevant offences, penalties, exceptions and defences. Such laws actively prevent, suppress and punish acts and activities endangering national security, in accordance with the principle of the rule of law.
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 general public international commercial and investment activities can only thrive where a stable society and the rule of law are guaranteed.
As for the administration of justice and rule of law, the Hong Kong SAR Government emphasised that all cases are handled strictly on the basis of evidence and in accordance with the law, and all defendants will receive a fair trial strictly in accordance with laws applicable to Hong Kong, including the Hong Kong National Security Law and the Safeguarding National Security Ordinance, and as protected by the Basic Law and the Hong Kong Bill of Rights.
The statement made it clear that any attempt by any country, organisation, or individual to interfere with the judicial proceedings in Hong Kong by means of political power in order to procure a defendant's evasion of the criminal justice process is a blatant act undermining the rule of law of Hong Kong and should be condemned.
The Department of Justice, by virtue of Article 63 of the Basic Law, controls criminal prosecutions, makes independent prosecutorial decisions in accordance with the law, free from any interference. Prosecutions would be instituted by the department only if there is sufficient admissible evidence to support a reasonable prospect of conviction, and if it is in the public interest to do so.
Meanwhile, the Judiciary exercises judicial power independently in accordance with the law, and everyone charged with a criminal offence has the right to a fair hearing.
The courts, on the other hand, decide cases strictly in accordance with the evidence and all applicable laws, and cases will never be handled any differently owing to the profession, political beliefs or background of the persons involved. The prosecution has the burden to prove beyond reasonable doubt the commission of an offence before a defendant may be convicted by the court.
In respect of Hong Kong SAR Government officials, judges and prosecutors who dutifully discharge their duties, the statement elucidated that any rowdy attempt by any country, organisation, or individual to interfere with the judicial proceedings in Hong Kong by means of political power, threatening to include them in a so-called list of sanctions, is a reprehensible act undermining the city’s rule of law.
“The purpose of these acts is obviously to intimidate the Hong Kong SAR Government officials, judges and prosecutors, especially judges, in an attempt to influence their fair and just hearings and verdicts and obstruct the course of justice.
“Making any statement with the intent to interfere with or obstruct the course of justice, or engaging in conduct with the same intent, is very likely to constitute the offence of criminal contempt of court or the offence of perverting the course of justice. Officials in the HKSAR Government will not be intimidated and will continue to resolutely discharge the responsibility of safeguarding national security."
The statement reiterated that under the “one country, two systems” principle, Hong Kong has the distinctive advantage of enjoying strong support of the motherland and being closely connected to the world.
With the unparalleled connectivity to the Mainland and the rest of the world, it will continue to play its unique role as “super-connector” and “super value-adder”, it added.
“Hong Kong will continue to leverage its strengths to enhance its role as international financial, maritime and trade centres, among others, whilst proactively integrating into the overall development of our nation, including the Guangdong-Hong Kong-Macao Greater Bay Area development, the high-quality development of the Belt & Road Initiative, etc.
“The Hong Kong SAR Government will create strong impetus for growth at full steam and proactively compete for enterprises and talents to strengthen the city's competitiveness.”