Decision of the National People's Congress on Establishing and Completing the Hong Kong's Special Administrative Region's Legal System and Implementation Mechanisms for the Preservation of National Security

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Promulgation Date: 2020-5-28
Title: Decision of the National People's Congress on Establishing and Completing the Hong Kong's Special Administrative Region's Legal System and Implementation Mechanisms for the Preservation of National Security
Document Number:
Expiration date: 
Promulgating Entities:The National People's Congress
Source of text: http://www.xinhuanet.com/politics/2020-05/28/c_1126046490.htm

The third session of the 13th National People's Congress deliberated the bill, "Decision of the National People's Congress on Establishing and Completing the Hong Kong's Special Administrative Region's Legal System and Implementation Mechanisms for the Preservation of National Security (Draft)", submitted by the Standing Committee of the National People's Congress for review. The session has found that the Hong Kong Special Administrative Region's national security risks have become apparent in recent years, and various types of illegal activities such as "Hong Kong Independence", separatism, and violent terrorist activities have seriously endangered the sovereignty, unity and territorial integrity of the country; and that some foreign and overseas forces have brazenly interfered in Hong Kong's affairs and used Hong Kong to engage in activities endangering China's national security. The National People's Congress has made the following decision in accordance with the provisions of Article 31 and items 2, 14, and 16 of Article 62 of the "Constitution of the People's Republic of China" as well as the relevant provisions of the "Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China", so as to preserve national sovereignty, security, and development interests, and to uphold and improve the 'one country, two systems' system, preserve Hong Kong's long-term prosperity and stability, and safeguard the lawful rights and interests of Hong Kong residents.

I. The state will unflinchingly, fully and, accurately implement the principles of "one country, two systems", "Hong Kong people ruling Hong Kong" and a high degree of autonomy, and uphold the principle of governing Hong Kong according to law, to preserve the constitutional order of Hong Kong Special Administrative Region as determined by the Constitution and the Basic Law of the Hong Kong Special Administrative Region, and employ necessary measures to establish and complete the Hong Kong Special Administrative Region's legal system and enforcement mechanisms for preserving national security, and lawfully preventing, stopping, and punishing, conduct and activities that endanger national security.

II. The state firmly opposes any foreign or overseas forces interfering in the affairs of the Hong Kong Special Administrative Region in any fashion, and is to employ necessary measures to counter, lawfully prevent, stop and punish foreign and overseas forces' use of Hong Kong to carry out separatist, subversive, infiltrative, or destructive activities.

III. Preserving the nation's sovereignty, unity, and territorial integrity is the Hong Kong Special Administrative Region's constitutional responsibility. The Hong Kong Special Administrative Region shall complete legislation for preserving national security as provided for in the Basic Law of the Hong Kong Special Administrative Region as soon as possible. The administrative, legislative and judicial organs of the Hong Kong Special Administrative Region shall, in accordance with relevant laws and regulations, effectively prevent, stop, and punish conduct endangering national security.

IV. The Hong Kong Special Administrative Region shall establish and complete institutions and enforcement mechanisms for the preservation of national security, strengthen the force of law enforcement for preserving national security, and strengthen law enforcement efforts on the preservation of national security. The organs of the Central People's Government relevant for the preservation of national security are to set up institutions in the Hong Kong Special Administrative Region as required to lawfully perform duties related to the preservation of national security.

V. The Chief Executive of the Hong Kong Special Administrative Region shall submit reports at regular periods to the Central People's Government on the performance of the duties of preserving national security, carrying out national security education, and lawfully prohibiting conduct endangering national security.

VI. The Standing Committee of the National People's Congress is authorized to draft laws related to the establishment and completion of the of the Hong Kong's Special Administrative Region's legal system and enforcement mechanisms for the preservation of national security, to effectively prevent, stop, and punish any conduct or activities that seriously endanger national security, such as separatism, subversion of state power, or organizing or carrying out terrorist activities, as well as activities by foreign and overseas forces that interfere in the affairs of the Hong Kong Special Administrative Region. The Standing Committee of the National People's Congress is to list the above-mentioned relevant laws in Annex III of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which will be promulgated and implemented locally by the Hong Kong Special Administrative Region.

VII. This decision shall take effect from the date of its promulgation.

 

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1 Comment

  1. Changes from the Draft:
    Most notable is the preamble, which now includes references to “Hong Kong Independence” (港独),and brazen or flagrant (公然) foreign interference.

    The 4th article clarified that the law enforcement that is to be enhanced is limited to law enforcement for the preservation of national security.

    Item 5 was modified, seemingly only for style, by removing 推广 (spreading) in the part on the duty to carry out national security education.

    Item 6 changed ‘conduct’ to ‘conduct and activities’ in describing prohibitions of acts that endangers national security. “Activity” also appears frequently elsewhere in the decision, so I think this is just an attempt to make the language consistent, rather than an expansion.

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