CGTN:
Article 66 of the HKSAR national security law states that this law shall come into force on the date of its promulgation. Does this mean that crimes endangering national security will not be prosecuted if they were committed before the law is promulgated? Thank you.
Zhang Xiaoming:
Concerning retroactivity, the HKSAR national security law is consistent with the common practices in international criminal laws, that is, the law is not retroactive. It is clear and also shows that the law follows the principle of modern rule of law. Meanwhile, it must be noted that the laws in force in the HKSAR, including the Crimes Ordinance, the Public Order Ordinance, the Societies Ordinance, and the Official Secrets Ordinance, contain provisions concerning national security. These provisions shall be applied to punish crimes that have already been committed which endanger national security. Article 8 of the HKSAR national security law reads: "In order to safeguard national security effectively, the law enforcement and judicial authorities of the Hong Kong Special Administrative Region shall fully enforce this Law and the laws in force in the Region concerning the prevention of, suppression of, and imposition of punishment for acts and activities endangering national security." This shows that it is the legal responsibility of administrative, law enforcement and judicial authorities of the HKSAR to punish acts and activities endangering national security by applying the laws in force in the HKSAR.
Of course, the function of a criminal law is not limited to the punishment of crimes, but more importantly, it shall be applied to prevent crimes. Therefore, we sincerely hope that after the HKSAR national security law is promulgated, the Hong Kong society can seriously study and understand this law, and enhance the national consciousness, and the awareness of national security and the rule of law. In particular, the missed lessons in this regard shall be made up in school education. We hope that all young people in the HKSAR can love both our country and the region, observe disciplines and obey laws, and have a promising and bright future.
