China Takes Strong Measure: Directly Enacts National Security Law Instead of Hong Kong Legislative Council
[Asia Economy Reporter Choi Saeng-hye] It has been reported that China has made a final decision to take the strongest measure of directly enacting the 'Hong Kong National Security Law' instead of the Hong Kong legislature.
It is highly unusual for China to create and implement specific laws in Hong Kong, which enjoys a certain degree of autonomy under the One Country, Two Systems (일국양제, Ilguk Yangje) principle, and it is expected that Hong Kong's opposition and pro-democracy movements will strongly oppose this.
The South China Morning Post (SCMP), citing Beijing sources familiar with Hong Kong affairs, reported that a resolution for the enactment of the Hong Kong National Security Law is scheduled to be submitted to the National People's Congress (NPC) opening on the 22nd.
The source said, "Beijing has concluded that it is impossible for Hong Kong's Legislative Council to pass the National Security Law," adding, "Therefore, the NPC will take responsibility instead."
SCMP reported that the draft resolution on the introduction of the Hong Kong National Security Law will be officially submitted on the afternoon of the NPC opening day, the 22nd, and all delegates will vote to pass it during this session.
Afterward, following the final legislative procedures by the NPC Standing Committee two months later, the Hong Kong National Security Law will come into effect. Xia Baolong (夏寶龍), Director of the Hong Kong and Macao Affairs Office of the State Council, is expected to hold a briefing that night to inform the Hong Kong CPPCC delegation of this plan.
According to the One Country, Two Systems principle, Hong Kong's laws are basically enacted through the Hong Kong legislature, the Legislative Council, but the Chinese legislature, the NPC, holds the authority to make laws for Hong Kong.
As the 'Two Sessions' (兩會, Lianghui; the CPPCC and NPC), China's largest political events, began on the 21st, controversy surrounding the enactment of the Hong Kong National Security Law is intensifying. Recently, the enactment of the National Security Law has emerged as the biggest issue in Hong Kong politics. Article 23 of the Basic Law, which serves as Hong Kong's constitution, stipulates that those who incite subversion or rebellion against the state or endanger national security can be sentenced to up to 30 years in prison, and mandates the enactment of related laws.
The Hong Kong government also attempted to enact the National Security Law in 2003, but when 500,000 Hong Kong citizens took to the streets shouting "Oppose the National Security Law," the bill was withdrawn.
However, the Chinese central government holds the position that the enactment of the National Security Law is necessary to prevent chaos like the protests against the 'Fugitive Offenders Ordinance' (Songhwanbeop) last year.
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Hong Kong representatives attending the Two Sessions are making numerous statements regarding the enactment of the National Security Law. Stanley Ng, Hong Kong delegate to the NPC, argued, "During last year's protests against the Fugitive Offenders Ordinance, violent elements in Hong Kong colluded with foreign forces to attempt to overthrow the state," and insisted that such 'holes' in national security must be sealed. The pro-democracy camp in Hong Kong has announced strong resistance against these moves by pro-Beijing factions.
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