By Tu Haiming

March 19, 2024, marked a momentous day in the Hong Kong Special Administrative Region’s history. The Safeguarding National Security Bill was passed unanimously in the Legislative Council, fulfilling the city’s constitutional responsibility mandated by Article 23 of the Basic Law.

The passing of the law, a major milestone in the implementation of “one country, two systems” in Hong Kong, has not come easily. The city had suffered tremendously from the “Occupy Central” movement, the Mong Kok Riot and the black-clad “color revolution” in 2019. The legislation, the Safeguarding National Security Ordinance (the Ordinance), could not have been passed in such a smooth and swift manner without the overwhelming support of Hong Kong society, which has learned costly lessons from those social upheavals.

That the legislative process was completed smoothly and quickly reflects Hong Kong residents’ realization that to safeguard national security is to safeguard the well-being of society and every individual. The strong public support and the resolute actions of both the executive and legislative branches of the HKSAR were all crucial to accomplishing this historic mission.

The reasons why Article 23 legislation has been delayed for more than 26 years are worth pondering, as are the factors that led to the smooth and swift passing of the Ordinance this time.

HK’s improved political landscape

Over the two decades subsequent to the failed attempt to legislate Article 23 in 2003, successive HKSAR administrations have had to shelve the task because of relentless obstruction of local subversive forces in collusion with hostile external forces, who have employed all kinds of tactics to demonize and forestall the relaunch of the legislative process.

The 2019 anti-extradition turmoil was a rude awakening for all Hong Kong residents: Without national security, there is no way to ensure stability in Hong Kong; without social stability, the prosperity and well-being of Hong Kong residents is out of the question. In November 2019, in the face of Hong Kong’s chaotic situation characterized by violence and vandalism, President Xi Jinping issued important directives on stemming violence and restoring peace in Hong Kong. Thereafter, central authorities took a series of decisive and strong actions to tackle the situation.

First, in February 2020, the central authorities modified the governance framework for Hong Kong and Macao affairs. Xia Baolong, vice-chairman of the 13th National Committee of the Chinese People’s Political Consultative Conference, was put in charge of Hong Kong and Macao affairs, and he has steadfastly implemented the strategies laid down by President Xi and the Communist Party of China Central Committee for Hong Kong’s governance, and has established a more effective mechanism for the central authorities’ work on Hong Kong and Macao affairs.

On June 30, 2020, the Standing Committee of the National People’s Congress promulgated the National Security Law for Hong Kong (NSL). Soon after the promulgation of the NSL, the so-called “three-pronged strategy”, comprising “street protest”, “filibustering” and “international lobbying”, employed by the anti-China subversive forces, fell apart.

The “high degree of autonomy” had not been fully implemented because the Article 23 legislation was delayed by deliberate obstruction. The central government has exercised its overall jurisdiction to remove all those barriers, creating the favorable conditions for Hong Kong to achieve its “high degree of autonomy”

On March 11, 2021, the National People’s Congress passed the “Decision of the NPC on Improving the Electoral System of the Hong Kong Special Administrative Region”, which led to the overhaul of Hong Kong’s electoral system. Under the new electoral system, anti-China agitators were excluded from positions of power and thus put the “patriots administering Hong Kong” precept into practice.

Concerted efforts on fulfilling constitutional duty

The passing of the Ordinance, facilitated by the concerted efforts of the executive, the legislature and all quarters of society, embodies the collective will of Hong Kong society.

The HKSAR government has done much to lay the groundwork for the legislation. In January, it launched a public consultation disseminating more than 25,000 copies of the consultation documents, and organized 30 seminars and engaged the media to explain the subject. When the bill was submitted to LegCo for deliberation, senior government officials, including Secretary for Justice Paul Lam Ting-kwok and Secretary for Security Chris Tang Ping-keung, answered over 1,000 questions raised by legislators, whose suggestions were fully incorporated into the subsequently proposed 91 amendments to the bill. The consultation process demonstrated the HKSAR government’s accountability and professionalism.

The legislature carried out its duties with utmost diligence and professionalism. Upon receiving the draft bill, it created a bills committee in line with the legislative procedures to vet every clause. The committee convened 25 meetings, with some 50 hours spent on discussing and clarifying every detail of the bill.

Meanwhile, the Hong Kong community has also thrown its weight behind the legislation. Over 500 organizations, including major political groups, associations and chambers of commerce, have voiced their support for the legislation. At the end of the public consultation, more than 13,000 submissions were received, of which 98.6 percent favored the legislation. Experts have also tried their best to explain the bill in plain terms to the general public.

Alignment of powers

In his address at the meeting marking the 25th anniversary of Hong Kong’s return to China, President Xi emphasized that only when the enforcement of the central authorities’ overall jurisdiction (over the SARs) and the exercise of a high degree of autonomy in the SARs are harmonized can the SARs be well governed.

The passing of the Ordinance was a quintessential case of the central and regional authorities’ powers being exercised in a harmonious way, which embodies the essence of the “one country, two systems” principle.

The central government’s jurisdiction over Hong Kong is substantial, as attested by the mandate, under the Basic Law, for Hong Kong to enact legislation for safeguarding national security. When Hong Kong failed to legislate on Article 23 while severe national security threats loomed, the central authorities stepped in, promulgating the NSL and facilitating an overhaul in Hong Kong’s electoral system, which put the precept of “patriots administering Hong Kong” into practice.

The high degree of autonomy enjoyed by Hong Kong is prescribed by the Basic Law and is not without limits. Article 23 requires the HKSAR to legislate against national security threats, which is part of its “high degree of autonomy”. The “high degree of autonomy” had not been fully implemented because the Article 23 legislation was delayed by deliberate obstruction. The central government has exercised its overall jurisdiction to remove all those barriers, creating the favorable conditions for Hong Kong to achieve its “high degree of autonomy”.

The author is vice-chairman of the Committee on Liaison with Hong Kong, Macao, Taiwan and Overseas Chinese of the National Committee of the Chinese People’s Political Consultative Conference and chairman of the Hong Kong New Era Development Thinktank.

The views do not necessarily reflect those of Bauhinia Magazine.

Source: China Daily