II. The Central Government's Fundamental Responsibility for National Security Matters Concerning Hong Kong

In response to the 2019 turmoil in Hong Kong, the central government carefully assessed the situation and introduced a series of decisive measures, including reinforcing the legal framework and enforcement mechanisms for safeguarding national security in the HKSAR, improving the region's electoral system and governance, and implementing the principle of patriots administering Hong Kong. These measures effectively put an end to the chaos and ushered in a new period in safeguarding national security in the region.

1. Safeguarding National Security Falls Within the Purview of the Central Government

The central government bears the fundamental responsibility for maintaining national security in all local administrative regions under its jurisdiction. This is clearly stipulated in the Constitution of the People's Republic of China, the Basic Law of the Hong Kong Special Administrative Region, the Law of the People's Republic of China on Garrisoning the Hong Kong Special Administrative Region, and the National Security Law of the People's Republic of China.

The Constitution stipulates that the state shall maintain public order, suppress treason and other criminal activities that endanger national security; and that the armed forces of the PRC shall strengthen national defense, resist aggression, defend the motherland, and safeguard the people's peaceful work. According to the Basic Law of the HKSAR, the central government shall be responsible for the foreign affairs relating to and the defense of the HKSAR, and appoints the chief executive and the principal officials of the executive authorities of the HKSAR. The Standing Committee of the National People's Congress decides when the region is in a state of emergency, and the appointment or removal of judges of the Court of Final Appeal and the chief judge of the High Court must be reported to the NPC Standing Committee.

The Law of the PRC on Garrisoning the HKSAR provides the legal basis for the armed forces stationed by the central government in the region to perform their defense functions and responsibilities in accordance with the law, and safeguard national sovereignty, unity and territorial integrity, and Hong Kong's security. The National Security Law defines the responsibilities of the central Party and government departments in safeguarding national security, and stipulates that the HKSAR shall fulfill the responsibility of safeguarding national security.

Central authorities enacting laws to safeguard national security is a common international practice without exception. Both unitary and federal systems have adopted national-level legislation to punish criminal acts that endanger national security and to maintain the country's overall security. States that practice the common law, including the US, the UK, Canada, and Australia, have formulated extensive statutory laws in this regard. They have established a comprehensive legal framework on national security encompassing legislation, law enforcement, prosecution, adjudication, and criminal rehabilitation. Moreover, these countries continuously refine their legal systems in response to evolving national security landscapes. When the HKSAR, confronted with the most severe challenge to national security, found it unable to enact relevant legislation on its own, the central government's exercise of its constitutional power to legislate for national security at the state level became both imperative and urgent.

2. The Enactment of the Hong Kong National Security Law Restored Order in the Region

To end the deteriorating security situation following the 2019 turmoil in Hong Kong, the Fourth Plenary Session of the 19th CPC Central Committee in October 2019 made a series of major decisions, including: establishing and reinforcing the legal system and enforcement mechanisms for safeguarding national security in the special administrative regions; supporting the SARs in strengthening their law enforcement capabilities; and taking resolute action to prevent and stop external forces from interfering in the affairs of Hong Kong and Macao and engaging in separatist, subversive, infiltrative, and sabotaging activities.

In 2020, with an NPC decision and follow-up legislation by its Standing Committee, the central authorities improved the systems and mechanisms for maintaining national security within the framework of the Constitution and the Basic Law, ending the prolonged absence of a national security shield in Hong Kong.

On May 28, the Third Session of the 13th NPC adopted the Decision of the National People's Congress on Establishing and Improving the Legal System and Enforcement Mechanisms for the Hong Kong Special Administrative Region to Safeguard National Security (NPC's May 28 Decision), which specifies the overall requirements and basic principles on the matter at the state level. The NPC Standing Committee was entrusted with formulating relevant laws to prevent, halt, and punish acts that jeopardize national security and activities of foreign or external forces that interfere in the affairs of the HKSAR.

On June 30, the 20th Session of the 13th NPC Standing Committee unanimously passed the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (Hong Kong National Security Law), and decided to include it in Annex III of the Basic Law for implementation in the HKSAR following its promulgation. The Hong Kong National Security Law fully reflects the common aspirations of all Chinese people, including their compatriots in Hong Kong, and demonstrates the unshakable will of the state.

The legislative purpose of the Hong Kong National Security Law includes fully, faithfully, and resolutely implementing the policy of One Country, Two Systems, under which the people of Hong Kong administer Hong Kong with a high degree of autonomy; safeguarding national security and preventing, halting, and punishing crimes relating to the HKSAR that jeopardize national security; and maintaining the region's prosperity and stability while protecting residents' legitimate rights and interests.

The Law stipulates the following:

• First, the central government bears the fundamental responsibility for maintaining national security in the HKSAR, while the HKSAR bears the constitutional responsibility for safeguarding national security. The HKSAR shall complete, as early as possible, legislation for safeguarding national security as stipulated in the Basic Law;

• Second, in safeguarding national security, the HKSAR shall uphold the principle of the rule of law and protect human rights. This entails adherence to legal principles such as legality, the presumption of innocence, protection of the right to litigation, and double jeopardy;

• Third, the establishment of HKSAR government bodies responsible for safeguarding national security and their duties;

• Fourth, the four categories of offenses related to national security, namely secession, subversion, terrorist activities, and collusion with a foreign country or with external elements to endanger national security – and the corresponding penalties;

• Fifth, jurisdiction, applicable law, and procedure;

• Sixth, the establishment of the Office for Safeguarding National Security of the Central People's Government in the HKSAR, defining of its duties, and the circumstances under which the Office shall exercise jurisdiction over criminal cases that endanger national security and the procedures in such cases.

The Hong Kong National Security Law introduced innovative enforcement mechanisms for safeguarding national security at both central and HKSAR levels. According to its provisions, the Committee for Safeguarding National Security of the HKSAR was established on July 3, 2020, with the chief executive as the chair. It would assume primary responsibility for safeguarding national security in the region, and would be under the supervision of and accountable to the central people's government, with a national security adviser designated by the central people's government providing advice on matters relating to the duties and functions of the Committee. The Police Force of the HKSAR would establish a department for safeguarding national security, and the Department of Justice of the HKSAR would have a prosecution division responsible for prosecuting offenses that endanger national security. The chief executive would designate judges to handle cases concerning offenses that endanger national security.

On July 8, 2020, the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region was established in accordance with the law, bearing the responsibility for safeguarding national security and given a mandate to exercise relevant powers.

On December 30, 2022, to address new issues arising from the implementation of the Hong Kong National Security Law, the 13th NPC Standing Committee issued an interpretation of the Articles 14 and 47 of the Hong Kong National Security Law at its 38th session, clarifying the meaning of relevant provisions. The interpretation further clarified the authority of the Committee for Safeguarding National Security of the HKSAR in making judgments and decisions on matters concerning national security, emphasizing that its decisions have enforceable legal effect and standardizing the methods and pathways for addressing issues in applying the Hong Kong National Security Law at the regional level.

The Hong Kong National Security Law was enacted to address prominent issues related to national security in the implementation of One Country, Two Systems and prevent national security risks. The ultimate purpose of the law is to uphold the One Country, Two Systems principle, maintain prosperity and stability in Hong Kong, and serve the best interest of Hong Kong and its residents. Its design fully reflects the legislative principle of adhering to the foundation of one country while respecting the differences between the two systems. The Law clearly affirms that the central government has an overarching responsibility for national security affairs relating to the HKSAR, stipulates that the HKSAR has a constitutional duty to safeguard national security, and mandates the HKSAR government to exercise jurisdiction over the vast majority of criminal cases concerning offenses that endanger national security. This demonstrates the central authorities' great trust in the region, which is an exceptional practice rarely seen among other sovereign states. The formulation and enforcement of the Law represent a steadfast commitment to, and improvement of, the One Country, Two Systems policy. Any allegation that the Law runs counter to this policy is entirely unfounded and divorced from reality.

The Hong Kong National Security Law appropriately handles its relationship with the Basic Law and Hong Kong's local laws. Formulated by the NPC Standing Committee in accordance with the Constitution, the Basic Law, and the NPC's May 28 Decision, this national legislation supplements and provides detailed stipulations for the national security systems and mechanisms established by the Basic Law under the One Country, Two Systems framework. Together, the Hong Kong National Security Law and the Basic Law constitute a significant legal foundation for the HKSAR to safeguard national security.

At the same time, the Law, as a specialized legislation for safeguarding national security in the HKSAR, appropriately addresses its relationship with local laws in Hong Kong and fully takes into account the characteristics of Hong Kong's legal and judicial systems. It is compatible and harmonized with, and complementary to, local laws in terms of legal concepts, normative structures, and terminology.

The Hong Kong National Security Law draws upon common law and continental law and integrates legal norms from substantive, procedural, and organic laws. While respecting Hong Kong's common law practices, it sets a valuable example for the exchange, mutual learning, and common development between different legal systems. The Law has dealt a heavy blow to anti-China agitators and hostile external forces. The electoral system and local governance institutions including district councils have been systematically reshaped, and the principle of patriots administering Hong Kong has been fully applied. The Hong Kong National Security Law has brought stability to Hong Kong in a decisive move, marking a watershed in the region's transition from chaos to order and leading the way to a new journey in the practice of One Country, Two Systems.

3. Improving Electoral System to Secure the Administration of the HKSAR

The electoral system has a critical bearing on the security of state power, and it is imperative that all elected officials be patriots. No people in any country or region in the world would ever allow an unpatriotic – or worse, a treasonous – force and figure to hold power. The power of government in the HKSAR must be firmly kept in the hands of those who love the country. This is crucial for Hong Kong's lasting peace and stability, and must not be compromised under any circumstances. Ensuring that governing power rests with the right people safeguards not only Hong Kong's prosperity and stability, but also the vital interests of its 7.5 million residents.

To uphold the principle of patriots administering Hong Kong, legally cut off the channels anti-China agitators could exploit to enter the governance structures through elections, and safeguard political security in the HKSAR, the central government adopted the approach of "decision + amendment", whereby the NPC made the decision and its Standing Committee amended Annex I and Annex II of the Basic Law, refining Hong Kong's electoral system at the state level.

On March 11, 2021, the Fourth Session of the 13th NPC adopted the Decision on Improving the Electoral System of the Hong Kong Special Administrative Region, which defines the basic principles and core elements for improving Hong Kong's electoral system and authorizes the NPC Standing Committee to amend Annex I and Annex II of the Basic Law. On March 30, at its 27th session, the 13th NPC Standing Committee passed the amended Annex I "Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region" and Annex II "Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures". On May 27, the HKSAR Legislative Council passed the Improving Electoral System (Consolidated Amendments) Bill 2021, completing the local legislative work on the electoral system.

The improvements mainly covered three areas. First, the Election Committee was restructured: its membership was enlarged, the number of sectors was increased, the delimitation of sectors was improved, and its functions were enhanced. Second, the membership of the Legislative Council was expanded from 70 to 90. Third, a Candidate Eligibility Review Committee was established. Through these improvements, the loopholes and deficiencies in the previous electoral system have been remedied, the shield for political security fortified, and anti-China agitators expulsed from the governance structure of the HKSAR, ensuring that Hong Kong is administered by patriots.

The new electoral system strengthens effective cooperation between the executive and legislative branches and reduces interference arising from political disputes and confrontation, enabling the HKSAR government and all sectors of society to focus on economic development and improving people's lives. It is dedicated to addressing Hong Kong's long-standing and deep-seated problems and challenges while delivering tangible benefits to the residents. Practice has shown that the new electoral system conforms to the principle of One Country, Two Systems and Hong Kong's realities. It is a carefully designed system that provides institutional support for the steady and sustained development of the One Country, Two Systems policy and long-term prosperity and stability in the region.

The formulation and implementation of the Hong Kong National Security Law, improvements to Hong Kong's electoral system, and other measures taken by the central government have effectively addressed both the symptoms and root causes of problems in Hong Kong, safeguarding national security and the region's constitutional order while suppressing destabilizing forces. They have been instrumental in swiftly quelling riots and restoring order in Hong Kong and represent a milestone in advancing the cause of One Country, Two Systems.