April 23, 2024

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Article 23 Legislative scientific coordinating Hong Kong development and security

7 min read
Author: Tian Feilong (Deputy Dean of the School of Law of the Central University of China, director of t

  Author: Tian Feilong (Deputy Dean of the School of Law of the Central University of China, director of the National Hong Kong and Macau Research Association)

  On March 19, the Legislative Council of the Hong Kong Special Administrative Region passed the “Maintenance of the National Security Regulations”.Article 23 legislation is completed in high quality and efficiency in the Hong Kong Special Economic Zone, marking the more systematic and thoroughness of the legal system and implementation mechanism of the Hong Kong Special Administrative Region to maintain national security. The scientific and reasonable national security law enforcement and judicial system can be improved.Article 23 Legislative legislation follows the policy of “one country, two systems” and the strategy of governing the Hong Kong in the new era, scientifically coordinate Hong Kong development and security, and promotes the development of security and promotion.reason.

  Perform the constitutional responsibility to take a key step in the legislation of Hong Kong Guoan

  Article 23 The legislation is a major constitutional responsibility that the Hong Kong Special Administrative Region should bear under the framework of the “one country, two systems”. It is a comprehensive legislation under the requirements of the “one country, two systems” system.

  First, Article 23 of the Hong Kong Basic Law clearly stipulates the responsibilities and obligations of local self -legislation in Hong Kong. However, due to various political and social reasons, this legislation has not been completed, which has caused the vulnerabilities of the national security law of the Hong Kong SARSecond, on May 28, 2020, the “National Congress of the National People’s Congress on the establishment and improve the legal system and implementation mechanism of the Hong Kong Special Administrative Region to maintain national security”, which further clarified the relevant constitutional responsibilities of the Hong Kong Special Administrative Region and confirmedThe Hong Kong National Security Law does not replace local legislation, which has given the Hong Kong Special Administrative Region to complete 23 legislation and comprehensive responsibilities of responding to the risks of national security; Third, the Hong Kong National Security Law is based on the National Constitution, the Hong Kong Basic Law and the National People’s Congress decisions.Sexual legislation has become the basic law of the Hong Kong Special Administrative Region after the three attachments of the Hong Kong Basic Law, but failed to cover the entire charges of Article 23 of the Hong Kong Basic Law. Objectively, the 23 Local Legislative Local Legislative Local Legal Legislativeity is required.; Fourth, the interpretation of the Explanation of Article 14 and 47, which was adopted by the Standing Committee of the National People’s Congress on December 30, 2022, involved the Chief Executive of the Executive Officer in the National Security System of the National Security National Security, the SAR National Security Commission, and the judicial institutionThe confirmation and refinement of constitutional characters must respond and connect with 23 legislation; Five, Hong Kong faces new national security risks and the situation needs to respond.

  Article 23 of the legislation is the complete and clear constitutional order of the “one country, two systems” in the new era and the major local system construction under the conditions of the national security risk science judgment. It is another milestone of the national security legislation in Hong Kong.The institutional milestone of the new chapter.

  Gel the maximum consensus to maintain sustainable development of security guarantees

  Article 23 The scientific nature of legislation is reflected in the thinking and methods of “overall development and security”.Safety and development are the relationship between dialectical unity. Security is the prerequisite and foundation of development. The development of no security system protection is not the development of the rule of law, nor is it sustainable development. At the same time, development is the goal and direction of security.Only in sustainable development can better realize the freedom and well -being of the people, and there are higher quality and sustainable safety.

  Since the return of Hong Kong, the development benefits have been guaranteed and realized. However, due to the collusion of 23 legislation in 2003 and the collusion of the local extreme forces and external intervention forces in Hong Kong, Hong Kong has always faced the risk of democratic disorder, shaking the rule of law, and overlay risks of external intervention., And reached its peak in the “repair storm” in 2019.

  Faced with the threat of Hong Kong’s “one country, two systems” system system, the central government tried the situation, firmly assumed the comprehensive governance responsibility of fundamental legislators and the ultimate responsible person, formulated the Hong Kong National Security Law, improved the Hong Kong Special Administrative Region election system, completed the reform of the district council, and implemented the “The education of policies and values in the “governing the country to govern Hong Kong has promoted Hong Kong to realize the change of governance from random to governance and governance.Only with the support of the above -mentioned national security legal system and the support of the SARs, the Legislative Council, District Council and Hong Kong society, which reflects the fundamental principles of the “Patriotic Governance of Hong Kong”, 23 legislation can condense a strong social consensus and complete successfully.

  Under the active role of comprehensive governance power, the basic structure of the top and bottom national security system is advanced, and then the construction and governance team of the “Patriot Governing Hong Kong” system related to elections and governance in the field of autonomous power in the SAR.And further united the understanding and support of the social and political foundation of Hong Kong, and the preparation and realization of the legislation of 23 legislation fully demonstrated the political art and legislative rationality of “overall development and security”.This series of governance steps and its completion of the top -level planning on the national security system, promoting in accordance with the law, democratic consultation, and integration of social communication and standardization, which demonstrates the inherent organic unity of the “one country, two systems” system and the “coordinated development and security” scienceThe profound wisdom and rationality of the method.

  Maintain Hong Kong’s unique status and advantages to ensure that the cause of the “one country, two systems” is stable and far away

  The overall development and security is also reflected in the unity of the legislation on the concept of national security, the differences in the specific institutional model, and the highest principle of the “one country, two systems” policy, the organic integration and the organic integration of the human rights and the rule of law, and the free business environment.Standardized coordination.

  The regulations stated that the highest principle of the “one country, two systems” policy is national sovereignty, security and development interests, so as to follow the ideas and norms as legislative guidance.The “highest principle” here comes from important speeches from President Xi Jinping’s 25th anniversary conference to celebrate the 25th anniversary of the return of the motherland and the 6th government inauguration ceremony of the Hong Kong Special Administrative Region.From the perspective of its internal norms, this highest principle contains “sovereignty, security” and “development interests”, which reflects “overall development and security”.In addition, the regulations also clarify that security legislation must ensure the existing human rights standards in Hong Kong and meet the requirements of the rule of law.Under the guarantee of 23 legislation, Hong Kong will be more secure, and the freedom of residents will be more secure.

  The regulations clearly stipulate a unified national security concept, that is, “national power, sovereignty, unity and territorial integrity, people’s well -being, sustainable economic and social development, and other major national interests are relatively in the state of no danger and not threatened internal and external threats, as well as the continuous protection of protectionThe ability of safety state. “This shows that under the framework of the “one country, two systems”, the essence of national security belongs to the central affairs and national affairs. Its connotation and essence cannot be split, and it needs to be in line with the overall national security outlook.

  It can be seen in the consultation documents of Article 23 legislation and the final regulations that the Hong Kong SARs have highly respected the “two systems” differences in the specific institutional model, compared and incorporated into a large number of ordinary law provisions and systems to ensure Hong Kong to ensure that Hong KongWhile the local national security legislation is connected to the upper national security law specifications, it can effectively integrate the provisions of the national security provisions in many local laws and maintain the effective connection with the national security legislation and jurisprudence law.The Central Government highly respects the “General Law Concern” and local reality of the “General Law” and local reality of the Hong Kong Special Administrative Region. It also takes into account the needs of Hong Kong’s law enforcement and judicial needs, supports and promotes the better integration of local legislation in Hong Kong and Hong Kong ordinary law, and enhances the legal system of Hong Kong’s legal system.Internal coordination and standardization, and provide excellent institutional support for the formation of the national security case law and external interaction and mutual learning.

  Article 23 After the legislation is completed, the system of the Hong Kong Special Administrative Region to maintain national security has basically formed.This legislation also realizes the connection and track of the local jurisdiction of the jurisdiction and the local jurisdiction mechanism of the Hong Kong National Security Law, so as to provide an institutional integration mechanism compatible with, connected and supplementary systems that can be compatible with the Hong Kong National Security Law.In the process of implementing the law in the future, we expect 23 legislation to be able to work with the Hong Kong National Security Law under the conditions of ensuring the human rights and rule of law in Hong Kong, becoming a firm legal pillar of Hong Kong to maintain national security, and becoming Hong Kong residents and international people from Hong Kong.The protection of security guards and freedom rights has become the optimization and promotion mechanism of Hong Kong’s free business environment, and has become a “institutional protection god” that has long adhered to the interests of the governance and prosperity of Hong Kong for a long time.

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