Pretoria - Full of ignorance of and bias against China, some people from the US and other Western countries have recently made groundless accusations against and disseminated many fallacies about China’s human rights conditions concerning Hong Kong.
Even a small discrepancy will lead to a great error. Malicious lies will, still worse, result in huge misconception and misunderstanding. Falsehoods find no market among the fair-minded, as we are confident that people will tell right from wrong!
False:
The legislation on safeguarding national security in Hong Kong will undermine the human rights and basic freedoms of Hong Kong residents, and violates the International Covenant on Civil and Political Rights.
True:
* The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region clearly stipulates that human rights shall be respected and protected in safeguarding national security in the Hong Kong Special Administrative Region. The rights and freedoms, including the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration, which the residents of the Region enjoy under the Basic Law of the Hong Kong Special Administrative Region and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong, shall be protected in accordance with the law.
* The legislation only targets four types of offences, namely, secession, subversion, terrorist activities and collusion with a foreign country or with external elements to endanger national security. It is designed to deter and sanction a small minority in Hong Kong who are involved in offences seriously jeopardizing national security. It aims to protect the great majority of law-abiding Hong Kong residents, and safeguard their safety and lawful rights and freedoms.
* It is spelt out in the constitutions of over 100 countries that the exercise of basic rights and freedoms shall not endanger national security.
The International Covenant on Civil and Political Rights makes it clear that freedoms of religious belief, expression and peaceful assembly, the
right to public trial and other rights may be subject to restrictions that are necessary to protect national security, public order and so on. There are
similar provisions in the European Convention on Human Rights.
2. False:
The Chinese government has suppressed the protests and the promotion of democracy in Hong Kong.
True:
* What has happened since the return of Hong Kong proves that the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration enjoyed by Hong Kong residents in accordance with the law have been fully protected.
* Since the turbulence over the amendment bill in June last year, some radical protesters have deliberately stirred up violent incidents. Their actions have gone far beyond the scope of peaceful demonstration and freedom of expression, and turned into extremist, violent and illegal acts. Such violent acts have blatantly violated laws, posed serious threats to the safety of Hong Kong citizens and openly challenged the sovereignty and dignity of the State. The malicious nature of their acts has been laid bare by clear facts and solid evidence.
* Peaceful and reasonable expression of demand is a basic requirement and an intrinsic part of a culturally advanced society based on the rule of law. Having said that, rights must be exercised within the framework of the rule of law, and no demand should be expressed by illegal means, let alone resorting to violence. The rule of law is the core value of Hong Kong and the cornerstone for its long-term stability and prosperity. Ensuring observance of laws and prosecution of lawbreakers is a manifestation of the spirit of the rule of law. Only by taking zero tolerance toward violence and rioters, can Hong Kong’s law and order be protected and the rule of law upheld. Supporting and conniving at violence and rioters represents a flagrant infringement of democracy, freedom and the rule of law.
3. False:
The legislation on safeguarding national security in Hong Kong has been unilaterally imposed on Hong Kong by the Central Government of China.
True:
* National security legislation has always been a matter concerning the sovereignty of the State and within the purview of the Central Authorities. The Central Government of China assumes the primary and ultimate responsibility for safeguarding national security. As the highest organ of State power in China, the NPC has established and improved, at the State level, the legal system and enforcement mechanisms for safeguarding national security in Hong Kong. This is vital for plugging the legal loopholes relating to national security in Hong Kong and effectively protecting national security. It is also a fundamental measure for ensuring the steady and sustained implementation of the policy of One Country, Two Systems.
* Article 23 of the Basic Law stipulates that the Hong Kong SAR shall enact laws on its own to safeguard national security. Nearly 23 years after Hong Kong’s return to China, however, the relevant legislative process is still not materialized due to the sabotage and obstruction by anti-China, destabilizing elements in Hong Kong as well as hostile forces from the outside. Faced with the grave situation in safeguarding national security in Hong Kong, the Central Government has both the power and the responsibility to promptly plug the loopholes and strengthen the weak
links.
* The Macao SAR passed in early 2009 its Law on Safeguarding National Security, and has conducted, in a well-ordered manner, relevant
law enforcement work and study of supportive legislation for safeguarding national security. In 2018, the Macao SAR Government set up a committee for safeguarding national security to coordinate and enforce local initiatives relating to national security. It has continued to
improve its legal system, institutions and enforcement mechanisms for safeguarding national security.
* The UK applied the Treason Act to Hong Kong with specialized enforcement agencies during its colonial rule. But now it is making groundless accusations against the legislation on safeguarding national security in Hong Kong enacted by China’s central authorities. This is pure double standards.
4. False:
The legislation on safeguarding national security in Hong Kong marks the end of One country, Two systems and deprives Hong Kong of its high degree of autonomy.
True:
* The NPC decision makes it clear, from the very beginning, that the State resolutely, fully and faithfully implements the policy of One Country, Two Systems under which Hong Kong people administer Hong Kong with a high degree of autonomy. This commitment was reaffirmed in Article 1 of the legislation on safeguarding national security in Hong Kong. The goal of this legislation is to close the critical loophole in national security in Hong Kong, cement the foundation of One Country, and provide maximum safeguard for Hong Kong to harness the strengths of Two Systems on the basis of upholding One Country.
* The enacted legislation will not affect the rights and freedoms enjoyed by Hong Kong residents under the law. It will not affect the HKSAR’s independent judicial power, including that of final adjudication. There will be no change to the policy of One Country, Two Systems, the capitalist system, the high degree of autonomy, or the legal system of the Hong Kong SAR.
5. False:
The legislation on safeguarding national security in Hong Kong will jeopardize Hong Kong’s prosperity and stability.
True:
* Quite the contrary, the legislation on safeguarding national security in Hong Kong will contribute to Hong Kong’s prosperity and stability. Since the turbulence over proposed legislative amendments last June, the “Hong Kong independence” groups and violent terrorist acts have dealt a
heavy blow to Hong Kong’s rule of law, economy and livelihood. The city’s business environment and international image has also been
severely damaged. The legislation is designed precisely to reverse that situation. It will help Hong Kong sustain a favourable business environment, consolidate and elevate its status as a financial, trade and shipping centre, and bolster the confidence of foreign investors. After its adoption, the NPC decision received explicit support from many Hong Kong-based foreign-invested corporations, including HSBC, Standard Chartered, Swire and Jardines. They are all convinced that the legislation will contribute to the lasting stability of Hong Kong, and serve as the very foundation and prerequisite for all development.
* Around the globe, be it New York or London, no international financial centre will see its business environment undermined by the enforcement of a national security legislation. A recent survey by the American Chamber of Commerce in Hong Kong shows that more than 70 percent of companies don’t have plans to move capital, assets, or business operations from Hong Kong, and more than 60 percent of the respondents
personally don’t consider leaving the city. No businesses will turn against opportunities and profits.
* The Macao SAR passed its national security legislation in 2009 in accordance with Article 23 of its Basic Law. From 2009 to 2019, Macao’s
GDP soared by 153 percent, its number of tourists up by 81 percent, and its overall unemployment rate down to a ten-year low.
* The views expressed here are not necessarily those of IOL.