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Rioters exploiting national security loopholes in HK have crossed the line: NPCSC member
Central authorities are determined to enact a national security law for Hong Kong because national security in the city is on the verge of being compromised, the local member of the Standing Committee of the National People’s Congress said.
In the absence of national security legislation under Article 23 of the city’s Basic Law, the country’s top legislature decided to enact a law for promulgation in Hong Kong after adding it to Annex III of the Basic Law, Tam Yiu-chung said.
“The enactment of the national security law is a State-level strategy because it is initiated by the central authorities, while the implementation of the national security law will be under the supervision of the central authorities,” Tam told China Daily in an exclusive interview.
“The procedure is in line with the Basic Law and the Chinese Constitution. The enactment of a national security law applicable to Hong Kong is very important and historic because it would be promulgated by the National People’s Congress, just like promulgation of the Basic Law by the NPC 30 years ago.”
Exploiting the legal vacuum, the violent protests in the city have crossed the line, he added, with the black-clad violent protesters calling for Hong Kong independence in broad daylight in Chinese territory.
The proposed national security law for Hong Kong proscribes secession, subversion, terrorism, and external forces meddling in Hong Kong’s internal affairs, while Article 23 covers seven types of crimes.
The offenses of secession and subversion are mentioned in both laws, but the offense related to terrorism is added in light of the current situation. While Article 23 mentions “subversion of the Central People’s Government”, the proposed law says “subversion of State power”.
“State power has a much wider meaning because it also covers the Hong Kong SAR government and
The enactment of a national security law applicable to Hong Kong is very important and historic because it would be promulgated by the National People’s Congress, just like promulgation of the Basic Law by the NPC 30 years ago.’’
Tam Yiu-chung, a member of the Standing Committee of the National People’s Congress
also the Legislative Council,” Tam said.
“External forces are the biggest threat and what the central authorities find most unacceptable because they are behind the violent protesters, offering them help and financial resources. The central authorities are very worried, and are strongly determined to prohibit collusion with external forces to meddle in Hong Kong’s internal affairs.”
Tam further said that since the national security law is not the same as Article 23, it in no way replaces Article 23, and the SAR government remains duty-bound to enact laws under Article 23.
“The NPC is the highest organ of State power in China, with the authority to supervise the implementation of the Chinese Constitution and the city’s Basic Law. Yet a problem has occurred because laws under Article 23 have not been enacted,” he said.
“As the NPC can authorize the Hong Kong SAR to legislate under Article 23, it can also authorize its Standing Committee to enact a national security law for Hong Kong,” he said, lashing out at critics, including the Hong Kong Bar Association, for not understanding the Chinese Constitution.