March 21, 2024
HONG KONG – As early as the early 1980s, when the central government announced it would use the “one country, two systems” policy to solve China’s historical problem of Hong Kong, it made it crystal-clear that one of the critical prerequisites for the successful implementation of “one country, two systems” was that the Hong Kong Special Administrative Region must assume the responsibility of safeguarding national security faithfully and effectively.
National security includes the security of the People’s Republic of China, the security of the regime led by the Communist Party of China, and the socialist system on the Chinese mainland. Deng Xiaoping, the chief architect of “one country, two systems”, unequivocally warned that Hong Kong could never become a “base of subversion” after its return to the motherland; otherwise, the central government would have to intervene without hesitation.
However, to address Hong Kong residents’ and foreign investors’ concerns, the central government “unprecedentedly” delegated the responsibility of enacting laws to safeguard national security that constitutionally typically belongs to the central government of a sovereign state to a locality. This central government decision is enshrined in Article 23 of the Basic Law. Another vital purpose behind this delegation is to enable Hong Kong’s laws to safeguard national security to be consistent with the common law system’s principles and spirit, and be more in line with Hong Kong’s unique international status.
This would enhance confidence in Hong Kong’s future and trust in the central government’s sincerity in implementing “one country, two systems” in the city.
Of course, the central government’s crucial decision also “assumed” that the relationship between China and the West would remain in good condition for a long time after Hong Kong’s return to the motherland, and that Hong Kong would live up to the central government’s entrustment and complete the legislative work of Article 23 with little delay. However, unfortunately, under the obstruction of the intransigent anti-China insurrectionist forces in Hong Kong and many of their supporters, the Article 23 legislation project failed ignominiously in 2003, which, more regrettably, even led to Article 23 being demonized as an “evil law”.
Later, as the United States and the West fundamentally reset their policies toward China and made the containment of China their primary strategic goal, Hong Kong was used as a pawn to forestall China’s rise. Henceforth, they strived to turn Hong Kong into a base of subversion against China. This anti-China stance also became the common goal and basis for collusion between the anti-China insurrectionists and the US-led Western forces.
Under such circumstances, domestic and foreign hostile forces persistently made more strenuous efforts to obstruct the Article 23 legislation. They had also successfully turned it into a “political taboo” in Hong Kong. Even the HKSAR government and patriots dared not touch this “hot potato”. Consequently, nearly a quarter of a century after Hong Kong returned to the motherland, the legislative work on Article 23 had yet to be completed. Hong Kong thus had become a hidden danger and threat to national security.
In the absence of laws to safeguard national security, the anti-China insurrectionists in Hong Kong, the US and other Western forces have been able to incessantly, unscrupulously, and blatantly exploit political issues such as “electoral reforms”, “opposition to Article 23 legislation”, and the amendment to the Fugitive Offenders Ordinance repeatedly, and for a long time to undermine the authority of the HKSAR government, drive a wedge between Hong Kong residents, the central government and mainland compatriots, instigate political struggles and unrest, extract political capital for themselves, and allow external forces to use Hong Kong to endanger national security, ultimately igniting some of the most severe riots in Hong Kong history in 2019 and 2020.
At a time when Hong Kong’s future was at stake, the central government resolutely enacted the National Security Law for Hong Kong (NSL). Concomitantly, it thoroughly revamped Hong Kong’s electoral system, enabling Hong Kong to restore order and the rule of law, exercise effective governance, realize “patriots administering Hong Kong”, and severely curb domestic and foreign hostile forces.
The reshaping of Hong Kong’s political and governance structure is the key to Hong Kong’s ability to “turn from extreme chaos to effective governance”. It has also become the solid foundation for Hong Kong to “go from effective governance to prosperity”.
Without the central government’s resolute exercise of its “comprehensive jurisdiction” over Hong Kong and its unflinching and robust support for the HKSAR government’s governance, the realization of “patriots administering Hong Kong”, the promotion of the solidarity of the patriotic camp, and the positive collaboration between the executive and the legislature, the Article 23 legislation would still be a “mission impossible” even today.
The successful completion of the Article 23 legislation proves that Hong Kong’s political situation has reached a new and sound stage. With the concerted efforts of the central government, the HKSAR government, the Legislative Council and patriotic forces, the legislative work on Article 23 (the Safeguarding National Security Ordinance) was quickly and efficiently completed. Of course, some people inside and outside Hong Kong criticized the legislative process as “too hasty”, and said that the relevant laws would, ipso facto, contain many imperfections, vagueness and pitfalls. However, even if there are shortcomings, they can be improved through revisions and amendments or the making of new laws from time to time in the future. When the executive and legislative relationship is healthy, changing the relevant laws and regulations is not tricky. Since 2003, when the HKSAR government first tried to legislate Article 23, discussions and debates on Article 23 legislation have been undertaken intermittently in Hong Kong and the mainland for 20 years. The time has not been short; many issues have been deliberated and debated repeatedly.
It has taken about two months from the issuance of the public consultation document in January to the completion of the legislation. Some people are puzzled and angered by the HKSAR government’s “cutting the knot with a sharp knife” approach. I believe there is an urgency to speed up the legislative process, which is closely related to the hostility of external forces.
When the consultation document was released, the US and Western forces surprisingly seemed not to care much about it, in sharp contrast to their past attitudes and public expectations. However, they were waiting for the release of the detailed Safeguarding National Security Bill. Only then did they launch a large-scale, concerted and vitriolic attack on the specific provisions and intimidate the relevant officials and members of LegCo by threatening to impose sanctions on them, intending to trigger concerns over and opposition to the Article 23 legislation within Hong Kong and abroad, and hopefully forcing some legislators to abandon their support for the bill.
Starting from the perspective of preparing for the worst scenario, the HKSAR government and the Legislative Council proceeded to pass the Safeguarding National Security Bill as quickly as possible to prevent hostile forces from having enough time to organize and incite actions to obstruct the legislative work or use the legislative process as a ploy to spread rumors and fear and instigate unrest in Hong Kong. From another perspective, the malicious attacks on the Article 23 legislation by the US-led Western forces demonstrate vividly that China still does face severe national security threats, making the Article 23 legislation even more urgent and necessary.
This time, the Article 23 legislative work was completed swiftly under the pressure of hostile external forces, highlighting the patriotic forces’ solidarity, reliability and courage. Members of LegCo and patriots have strongly supported the legislative work and defied the threats and intimidation of external hostile forces. By doing so, the sense of political crisis, the combative spirit and the ability to fight among the patriots have strengthened. During the legislative process, the unity and courage of the patriotic forces has earned the respect of residents. They thus have gained a rare opportunity for further growth and development.
After the passage of the Safeguarding National Security Bill, “one country, two systems” and the Basic Law as practiced in Hong Kong can be regarded as comprehensively and accurately implemented for the first time in the 27 years after Hong Kong’s return to the motherland. So long as the legislative work on Article 23 remained incomplete, Hong Kong cannot be said to have fulfilled its constitutional responsibilities as a special administrative region of China; “one country, two systems” and the Basic Law cannot be regarded as having been comprehensively and accurately implemented. After the completion of the Article 23 legislation, the “one country, two systems” policy can be practiced smoothly and reliably in future and will continue to be implemented and developed after 2047. This will inject strong momentum into Hong Kong’s long-term prosperity and stability and boost people’s confidence inside and outside Hong Kong in the city’s future. Only when Hong Kong residents have shown sufficient sincerity and ability to safeguard national security will the central government and mainland compatriots concur that “one country, two systems” should become a “permanent” institutional arrangement.
After the passage of the law, all sectors of Hong Kong, with the steadfast support of the central government, can concentrate on dealing with the current economic situation and people’s livelihood improvement issues without the interference of “sensitive” political issues. What is particularly important is that from now on, the NSL and the Safeguarding National Security Ordinance have jointly formed a relatively comprehensive legal system and enforcement mechanisms for safeguarding national security so that Hong Kong will be less vulnerable to the disruptions of internal and external forces.
While the US and Western forces cannot block the Article 23 legislation, they are bound to be resentful and unwilling to admit defeat. They will continue, in collusion with the die-hard anti-China insurrectionists, to attack and smear the NSL and the new ordinance and test the HKSAR government and judicial organs’ determination and ability to safeguard national security from time to time. The US-led West will persist in intimidating and sanctioning Hong Kong and its officials, judges and prosecutors responsible for protecting national security. Therefore, rebuking and refuting internal and external hostile forces is unavoidable, and the work will be long and arduous. However, in this challenging environment, patriots will also find an excellent opportunity to expand, hone and improve their combat effectiveness.