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Letters

After a year of social unrest in Hong Kong, the central government passed a national security law for the city on June 30, which took effect by promulgation hours later.
The law criminalises secession, subversion, terrorist activities and collusion with a foreign country or with external elements to endanger national security. The purpose is to prevent, suppress and punish these acts to safeguard national security and maintain Hong Kong’s prosperity and stability under the “one country, two systems” policy.
The four offences carry a maximum penalty of life imprisonment, though minor violations have a sentence of less than three years in jail. Companies in breach of the law may be punished with fines and have their licence or business registration revoked, while non-Hong Kong residents can be deported.
Importantly, the law is state-level legislation. The significance is that the power of interpreting the legislation is vested in the National People’s Congress Standing Committee. It will prevail over the provisions of local laws where inconsistency arises.
Its scope differs from Article 23 of the Basic Law in that Article 23 prohibits acts of “treason, secession, sedition, subversion against the central people’s government, or theft of state secrets” and prevents “political organisations or bodies of the region from establishing ties with foreign political organisations or bodies” but does not cover terrorist activities. However, Hong Kong is not absolved from its duty to legislate locally under Article 23 of the Basic Law.


Under the national security law, Hong Kong will handle most cases in an open court. Where state secrets are involved, the case may be tried by a panel of three judges without a jury and all or part of the trial will be closed to the media and the public. The judgment shall be delivered in an open court, though.
The situation is trickier in other areas – where the central government retains jurisdiction over complex cases involving interference by a foreign country or external elements; cases where the Hong Kong government cannot effectively enforce the legislation; and those in which national security is under real and imminent threat. For those exceptional cases, the Hong Kong-based mainland Chinese national security agency will initiate investigations.
Then, the Supreme People’s Procuratorate will designate authorities to prosecute. The Supreme People’s Court will assign courts to adjudicate. The Criminal Procedure Law of the People’s Republic of China will apply to the related proceedings.
The people of Hong Kong are in uncharted waters. Whether the national security law effectively fosters one country, two systems, only time will tell.
Charles K.C. Chan, barrister, Central


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