CE vows ‘fearless action’ against separatist moves
Absence of a local national security law does not mean the govt will turn a blind eye to harmful acts, Lam says
The Hong Kong Special Administrative Region Government will “fearlessly” take action in accordance with the law against acts that advocate Hong Kong independence, Chief Executive Carrie Lam Cheng Yuetngor warned in her second Policy Address.
She reiterated that neither she nor the government will tolerate acts that threaten national security, sovereignty and development interests.
The recent decision to ban the pro-independence Hong Kong National Party under the Societies Ordinance is a strong testimony to the government’s resolve, Lam said.
The absence of a local national security law does not suggest that the SAR government will turn a blind eye to acts that would hurt the city and the nation’s fundamental interests, she said. Such acts include violating the Constitution and the Basic Law, Hong Kong’s constitutional document, attempting to secede from the country and endangering national security.
Lam also rejected arguments that the SAR’s existing laws will be put aside and never be applied in dealing with certain acts that should be prohibited.
She reiterated that the SAR government has the constitutional responsibility to enact national security laws under Article 23 of the Basic Law.
Her administration, she said, will “carefully” and “prudently” consider and act to create a favorable social environment for the legislative work, adding that she will explore ways to enable the community to respond positively to this constitutional requirement on the SAR.
Article 23 stipulates that the HKSAR shall enact laws on its own to prohibit any act of treason, secession, sedition and subversion against the Central People’s Government.
Ronny Tong Ka-wah, a non-official member of the Executive Council — the chief executive’s top policymaking advisory body — said Lam’s pledge is a “further warning” to people or organizations whose acts threaten national security.
As Hong Kong has a wellestablished legal system, any violent and non-violent acts calling for the city’s independence or secession from the country can be punished according to local laws, Tong said.
He explained that societies and individuals preaching the pro-independence notion can be punished, respectively, in accordance with the Societies Ordinance and Crimes Ordinance.
According to Section 8 of the Societies Ordinance, officials can recommend an order to prohibit the operation of a society out of national security or public safety concerns. Section 10 of the Crimes Ordinance stipulates that any person who prints, publishes, sells, offers for sale, distributes, displays or reproduces any seditious publication shall be guilty of an offense.
Tong stressed there’s no legal void for separatists in Hong Kong although Article 23 of the Basic Law has yet to been legislated locally.
Regina Ip Lau Suk-yee, legislator and chairperson of the New People’s Party, said although no timetable for legislation of Article 23 has been given, she believes the chief executive knows when would be the suitable time to enact such legislation.
The SAR government has the constitutional responsibility to enact national security laws under Article 23 of the Basic Law.”
She reckoned that Article 23 is not a “dreadful scourge” as many countries have similar laws to safeguard national security.
Lau Siu-kai, a sociologist and vice-chairman of the nation’s top Hong Kong affairs think tank — the Chinese Association of Hong Kong and Macao Studies — pointed out that the SAR government has taken more proactive action to safeguard national security, but it’s still not enough.
He urged the government to show its determination and give priority to cracking down on separatism, especially targeting individuals or societies that advocate Hong Kong independence on local campuses.