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Link DetailsDoJ addresses law concerns Given that details of the national security law to be enacted by the National People?s Congress Standing Committee (NPCSC) and introduced to Basic Law Annex III to be promulgated by the Hong Kong Special Administrative Region are not yet made public, it is inappropriate to make unwarranted speculations on the legislation's content.
The Department of Justice made the statement today in response to views recently expressed by the legal sector over the draft decision on establishing and improving the legal system and enforcement mechanisms for the Hong Kong SAR to safeguard national security.
The statement noted that the National People's Congress (NPC) is the highest organ of state power in the People?s Republic of China. Under the Constitution, the NPC has the power to introduce laws and other legal instruments including making decisions.
The decision is to be made pursuant to the Constitution Article 31, 62(2), (14) and (16) and the Basic Law?s relevant provisions.
Under Article 6 of the draft decision, the NPC delegated its Standing Committee the duty to make the national security law applicable to the Hong Kong SAR.
National security is outside the limits of the Hong Kong SAR's autonomy but a matter under the Central authorities? purview.
The statement explained that in view of the current situation and difficulty faced by the Hong Kong SAR to complete legislation for safeguarding national security in the foreseeable future, the Central authorities have the right and duty to introduce a national law to improve at the national level the legal framework and enforcement mechanisms for national security for the city.
Such national law is under the ambit of defence and foreign affairs as well as other matters outside the limits of the Hong Kong SAR's autonomy as set out in Basic Law Article 18(3).
Under Basic Law Article 23, the Hong Kong SAR is authorised to legislate national security laws, however, it does not preclude the Central authorities from legislating at a national level for national security.
As clearly stated in the draft decision and its explanatory statement, when making the decision, the NPC will comply with the laws, the ?one country, two systems? principle and endeavour to safeguard the lawful rights and interests of people in Hong Kong.
Basic Law Article 2 clearly stipulates that the Hong Kong SAR enjoys executive, legislative and independent judicial power, including that of final adjudication.
Article 85 also states that the Hong Kong SAR courts shall exercise judicial power independently, free from any interference. The independence of the judiciary is respected and upheld in the city.
The statement said given that the details of the national security law to be enacted by the NPCSC and introduced to Basic Law Annex III to be promulgated by the Hong Kong SAR are not yet made public at this stage, it is inappropriate for anyone to make unwarranted speculations on the legislation's content.
The Hong Kong SAR Government would continue to provide explanation when necessary and it is hoped that the public would understand in an objective manner, the statement added. |
