Six things you need to know about the national security legislation for Hong Kong SAR

On May 28, the 13th National People's Congress (NPC) adopted at its Third Session the NPC Decision on Establishing and Improving the Legal System and Enforcement Mechanisms for Safeguarding National Security in the Hong Kong Special Administrative Region (HKSAR). The HKSAR government and various social groups and individuals in Hong Kong have welcomed and supported the decision, and pledged to facilitate the early completion of the legislative process with maximum efforts to safeguard national security and protect Hong Kong.

It is a view widely shared in the global community that China's national security legislation for Hong Kong is legally sound and consistent with international common practices. It is driven by the situation on the ground and meets the aspiration of the people. Anyone who wishes Hong Kong a better future would support the NPC's decision. However, a handful of foreign politicians are going all out to make unwarranted accusations and blatantly interfere in Hong Kong-related affairs, which are purely China's internal affairs. The following are the six typical falsehoods about the legislation and the facts that you need to know.

Falsehood #1: It is not legitimate for China to enact national security legislation for Hong Kong or, in other words, to impose it on Hong Kong.

The truth is: The Central Government of China holds the primary and ultimate responsibility for national security, as is the case in any other country. In all countries, unitary and federal alike, the power to legislate on national security rests solely with the central government. And the NPC is the highest organ of state power in China.

◆Australia has two national security laws, the United Kingdom has three, Canada has five, and the United States alone has more than20 such laws.

◆Article 31 of the Chinese Constitution stipulates that, "The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress in the light of the specific conditions." As the highest organ of state power, the NPC has both the power and obligation to fulfill its constitutional duty of safeguarding national security in accordance with the Constitution and the Basic Law based on the reality and needs of the HKSAR. The duty includes enacting national security legislation for the HKSAR and establishing relevant legal system and enforcement mechanisms. The recent decision of the NPC has solid legal grounds and the highest legal effect.

◆Legislation on national security falls within a state's legislative power. Through Article 23 of the Basic Law, the Central Government grants the HKSAR certain legislative power on safeguarding national security, which is a very special arrangement under "one country, two systems". However, it does not change the fact that national security legislation is essentially within the purview of the Central Government, nor does it prevent the Central Government from further developing a legal system and enforcement mechanisms for safeguarding national security in light of the actual situation and needs.