National Security Legislation

With the assistance of the Constitutional Affairs and Human Rights Committee and the Criminal Law and Procedure Committee, Council has reviewed the Decision made by the National People's Congress ("NPC") on "Establishing and Improving a Legal System and Enforcement Mechanisms for the Hong Kong Special Administrative Region to Safeguard National Security". While Council acknowledged the power of NPC to decide on and to institute a law for maintaining national security, it considered the NPC should exercise restraint in invoking this power to introduce laws to be applied to the HKSAR in order to maintain confidence in the "One Country Two Systems" policy and the Rule of Law in Hong Kong.

A set of "Preliminary Observations" with various suggestions on the national security legislation proposed under the Decision was issued on 11 June. 

Subsequently, with the release of the Outline and Explanation ("Explanation") on the content of the draft law on safeguarding national security by the Legislative Affairs Commission of the National People's Congress Standing Committee ("NPCSC") on 21 June, Council has made "Further Observations" by way of a public statement issued on 24 June. The "Further Observations" has been sent to the relevant authorities and officials including the Secretary for Justice, the Secretary for Security, the Liaison Office of the Central People's Government in the HKSAR (for onward transmission to NPCSC), the Hong Kong and Macao Affairs Office of the State Council and the Office of the Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the HKSAR.

The above Preliminary Observations and the Further Observations could be viewed respectively at: 

http://www.hklawsoc.org.hk/pub_e/news/submissions/20200611.pdf

and 

http://www.hklawsoc.org.hk/pub_e/news/submissions/20200624.pdf.

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