Tam backs having mainland agency handle national security in HKSAR
The sole Hong Kong member of the Standing Committee of the National People’s Congress backed the idea of having a national security branch within the Hong Kong Police Force to tackle national security offenses.
Tam Yiu-chung said the national security agency should be staffed by personnel from the mainland. Mainland personnel, which would abide by Hong Kong laws, are more experienced in dealing with intelligence collection and national security investigations, but only the police have the power to arrest suspects, Tam said.
“We will work proactively to scrutinize the national security bill because Hong Kong residents are looking forward to a national security law,” he told China Daily. “I haven’t seen it and so I don’t know if it is complicated and if we can finish vetting it in one or two meetings.
“NPCSC meetings are held at the end of even-numbered months, but extra meetings can be called. If Standing Committee members agree the bill is well-drafted and covers the necessary areas, the process will be quicker.”
Tam is unsure if the national security law will be written in the language of common law, which is in use in Hong Kong.
“Given that the national security law is a State-level affair, it might be written in the language of continental law,” he said.
“It will pose difficulties to Hong Kong judges and lawyers if it is drafted in the continental law language. Again, local courts may not have the experience in handling national security and spying cases.”
Many legal experts on common law, continental law, constitutional law, criminal law, etc, will be responsible for drafting the national security law for Hong Kong, he said. Since the National Security Law in force on the mainland is so voluminous, it will not be fully replicated in the Hong Kong version. Central authorities are willing to listen and have promised to consult the Hong Kong Special Administrative Region government and the Basic Law Committee, Tam said.
On the offense of subversion of State power, Tam warns the opposition camp that the law will cast a wide net. He further questions whether those who openly oppose legislation under Article 23 and the passage of the National Anthem Bill should be allowed to participate in elections.
“How can they say they uphold the Basic Law of the Special Administrative Region of the People’s Republic of China and swear allegiance to the Special Administrative region of the People’s Republic of China if they oppose the National Anthem Bill and Article 23?” he said.
Whether these people can run in elections depends on whether there will be a retroactive clause in the Hong Kong version of the National Security Law.
“In general, the criminal law has no retroactive effect, but this is something the NPCSC will have to consider. I cannot say if there will or will not be a retroactive effect. I have heard many people saying that these people have done so many bad things and that they should be punished,” he said.
Mainland personnel, which would abide by Hong Kong laws, are more experienced in dealing with intelligence collection and national security investigations, but only the police have the power to arrest suspects.’’
Tam Yiu-chung, a member of the Standing Committee of the National People’s Congress