Category: Security

Source: Hong Kong Government special administrative region

The Hong Kong Special Administrative Region (HKSAR) Government today (June 30) strongly condemned and opposed the malicious attacks on and the demonisation of the Hong Kong National Security Law (HKNSL) and other laws safeguarding national security, as well as the slanderous and fact-distorting remarks made on the HKSAR’s work in safeguarding national security by foreign politicians, anti-China organisations, and various media outlets on the important occasion of the fifth anniversary of the promulgation and implementation of the HKNSL.
 
A spokesman for the HKSAR Government pointed out, “These anti-China and destabilising forces, organisations or media have made sweepingly generalised and grandstanding comments, completely disregarding the profound historical significance of the HKNSL and its undeniable positive impact on the HKSAR. They distorted the facts and made slanderous remarks on the HKSAR and the HKNSL. They even attempted to interfere with criminal trials conducted in HKSAR courts, thereby obstructing the course of justice. On the contrary, they never utter a word about the strict enforcement of national security laws by their own countries and other governments against activities that endanger their national security. This is an entirely despicable political manipulation, and we must sternly denounce their wrongdoing to set the record straight and to expose their shameless ‘double standards’ to the world.”
 
Positive effects of laws safeguarding national security

The spokesman emphasised, “Safeguarding national security is a top priority of every country. In accordance with international law and international relations based on the Charter of the United Nations, It is each and every sovereign state’s inherent right to enact laws safeguarding national security, and it is also an international practice. Acts and activities endangering national security could bring very serious consequences. Prompt actions must be taken to prevent and suppress such acts and activities effectively. No country will watch with folded arms and tolerate any of such acts and activities endangering national security without taking any action. Any acts of disregarding the facts and smearing HKSAR’s work in safeguarding national security with untruthful remarks are hypocritical and irresponsible, and will not win any public support.”
 
“For a considerable period, external forces, through their agents, have conducted infiltration and sabotage activities in Hong Kong, and further instigated the ‘black-clad violence’ and the Hong Kong version of ‘colour revolution’ in 2019, which nearly brought the ‘one country, two systems’ to ruin. With the promulgation and implementation of the HKNSL, its effect in stopping violence and curbing disorder as well as quickly restoring social stability in the Hong Kong community was immediate. The HKSAR fulfilled its constitutional duty by enacting the Safeguarding National Security Ordinance (SNSO) last year with broad societal consensus, thereby improving the legal system and enforcement mechanisms for safeguarding national security. This has enabled Hong Kong’s transition ‘from chaos to order’ and advancement ‘from stability to prosperity’.”

“The attempts by external forces to ‘use Hong Kong to contain China’ are doomed to fail, leaving them with no option but to smear the HKNSL. However, the facts are clear for all to see, and both Hong Kong citizens and international investors have a discerning eye. Over five years of its implementation, the HKNSL has restored the rights and freedoms that Hong Kong citizens were unable to enjoy during the period of ‘black-clad violence’, and has enabled the livelihood and economic activities of the Hong Kong community at large to swiftly return to normal and the business environment to be restored and improved continuously. According to the World Competitiveness Yearbook 2025, Hong Kong’s ranking improved by two places to third globally. Also, Hong Kong continues to rank among the top three international financial centres and comes fourth in initial public offering in the world. These internationally recognised achievements are built upon the freedom and stability brought to Hong Kong society by the HKNSL, other relevant laws of the HKSAR, and the work of safeguarding national security. They also provide investors and businesses worldwide with ample confidence to develop their operations in Hong Kong and leverage on Hong Kong’s institutional advantages under ‘one country, two systems’ to explore the vast mainland China market, including the Guangdong-Hong Kong-Macao Greater Bay Area.” 
 
Protection of rights and freedoms
 
The spokesman said, “As a matter of fact, human rights in Hong Kong have always been robustly guaranteed constitutionally by both the Constitution and the Basic Law. Article 4 of the HKNSL and section 2 of the SNSO clearly stipulate that human rights shall be respected and protected in safeguarding national security in the HKSAR, and that the rights and freedoms, including the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration, that Hong Kong residents enjoy under the Basic Law and the provisions of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong, shall be protected in accordance with the law.”

“Nonetheless, just as the case with other places in the world, many of the rights and freedoms are not absolute. The ICCPR also expressly states that certain rights and freedoms including the freedom of expression may be subject to restrictions as prescribed by law that are necessary for protection of national security, public safety, public order or the rights and freedoms of others, etc.”
 
“In fact, the courts have clarified the boundaries of exercising freedoms and rights. The Court of Appeal’s judgment in the Tam Tak-chi case affirmed that when the definition of ‘seditious intention’ is read correctly in conjunction with the fundamental right to freedom of expression, it clearly shows that criticising the Government, the administration of justice including judgments of courts, or engaging in debates about or raising objections to Government policies or decisions, however strong, vigorous or critical they may be, does not constitute a ‘seditious intention’. This provides further clarity in differentiating between lawful and unlawful speeches.”
 
Rule of law is strong and robust
 
The spokesman stressed, “The rule of law in Hong Kong is strong and robust, and withstands the test of time. Article 5 of the HKNSL and section 2 of the SNSO clearly provide that the principle of the rule of law shall be adhered to in preventing, suppressing, and imposing punishment for offences endangering national security. A person who commits an act which constitutes an offence under the law shall be convicted and punished in accordance with the law. No one shall be convicted and punished for an act which does not constitute an offence under the law. A person is presumed innocent until convicted by a judicial body. The right to defend and other rights in judicial proceedings that a criminal suspect, defendant, and other parties in judicial proceedings entitled to under the law shall be protected.”
 
“The offences endangering national security stipulated by the HKNSL and SNSO target acts endangering national security with precision, and define the elements and penalties of the offences with clarity. The HKSAR law enforcement agencies have been taking law enforcement actions based on evidence and strictly in accordance with the law in respect of the acts of the persons or entities concerned, which have nothing to do with their political stance, background or occupation.”
 
“The Department of Justice, by virtue of Article 63 of the Basic Law, controls criminal prosecutions, makes independent prosecutorial decisions in accordance with the law, free from any interference. Prosecutions would be instituted by the Department of Justice only if there is sufficient admissible evidence to support a reasonable prospect of conviction, and if it is in the public interest to do so.”
 
Fair and timely trial
 
The spokesman also pointed out, “As guaranteed by the Basic Law, the HKNSL and the Hong Kong Bill of Rights, all defendants charged with a criminal offence shall have the right to a fair trial by the Judiciary exercising independent judicial power. The courts of the HKSAR shall exercise judicial power independently, free from any interference.”

“In handling cases concerning offences endangering national security, the Judiciary, the Department of Justice and law enforcement agencies strictly comply with Article 42(1) of the HKNSL, which stipulates that ‘the law enforcement and judicial authorities of the Region shall ensure that cases concerning offences endangering national security are handled in a fair and timely manner’. The time taken between the institution of prosecution and the trial of each case depends on a multitude of factors, such as whether further investigation is required, whether the defendant needs time to obtain legal advice for consideration of his/her plea, whether the defence requires translated documents or whether the defence exercises rights under the law to make any pre-trial application, etc. All applications are handled in accordance with established procedures and due process is fully observed.”
 
Regarding the case of Lai Chee-ying
 
The spokesperson emphasised, “Recently, foreign politicians, anti-China organisations, and various media have continued to make irresponsible and absurd remarks, distorting the truth regarding the national security case involving Lai Chee-ying, as well as his custodial arrangements, with the intention of perverting the course of justice. The HKSAR government has repeatedly pointed out that any attempt by any country, organisation, or individual to interfere with the judicial proceedings in the HKSAR by means of political power, to prevent any defendant from receiving a fair trial that they should have, is a blatant act undermining the rule of law of Hong Kong and should be condemned. The suggestion that persons or organisations with certain backgrounds should be immune from legal sanctions for their illegal acts and activities is tantamount to granting such persons or organisations privileges to break the law, perverting the course of justice, and is totally contrary to the spirit of the rule of law. The HKSAR Government strongly urges any external forces to immediately stop interfering with the HKSAR’s internal affairs and the independent exercise of judicial power by the courts of the HKSAR.”
 
“Regarding the custodial arrangements of Lai Chee-ying, the HKSAR Government reiterates that the Correctional Services Department (CSD) is committed to ensuring that the custodial environment is secure, safe, humane, appropriate and healthy, and has put in place an established mechanism to safeguard the rights of persons-in-custody (PICs), including regular independent visitors, namely Justices of the Peace, who inspect the prisons to ensure the rights of PICs are protected. The CSD consistently handles matters concerning Lai Chee-ying strictly in accordance with these mechanisms, no differently from other PICs. In the interests of a particular prisoner or for the maintenance of good order and discipline, the Commissioner of Correctional Services is empowered to make arrangements under section 68B of the Prison Rules that such prisoner should not associate with other prisoners (i.e. the so-called ‘solitary confinement’). One of the purposes of the relevant arrangement is to ensure the personal safety and well-being of the PIC, which can be requested by the PIC themselves and approved by the Commissioner after considering the matter in accordance with the law; or the Commissioner may make such arrangements after considering the relevant factors in accordance with the legal requirements and procedures. It must be clarified that the arrangement for Lai Chee-ying’s removal from association with other PICs has been made at his own request and approved by the CSD after considering all relevant factors in accordance with the law all along. Lai Chee-ying’s legal representative has also publicly clarified that he is receiving appropriate treatment and care in prison. Yet, many anti-China forces who make irresponsible remarks about Lai Chee-ying’s case, while claiming to ‘defend press freedom’, have continuously fabricated and distorted facts regarding his custodial arrangements and health conditions. This is indeed a desecration of press freedom.”
 
The spokesman reiterated, “The HKSAR Government will continue to uphold its constitutional duty and steadfastly safeguard national sovereignty, security, and development interests. It will continue to resolutely fulfill its duties and obligations to safeguard national security while simultaneously protecting the lawful rights and freedoms enjoyed by Hong Kong residents and others in Hong Kong in accordance with the law. By ensuring high-quality development with high-level security, a new chapter in the practice of ‘one country, two systems’ would be continuously composed.”

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