Dear Editor,
On June 30, the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (HKSAR) was passed by China’s top legislature, the Standing Committee of the National People’s Congress (NPC), added to the list of national laws in Annex III to the Basic Law of the HKSAR, and applied locally by the Chief Executive of the HKSAR. This is China’s internal affairs and to safeguard national security is China’s legitimate right. However, my good friend H.E. Greg Quinn, British High Commissioner, published the UK position stating that “UK will not duck its historic responsibilities to the people of Hong Kong”. The fact is, there’s no responsibility for the UK in Hong Kong affairs. To facilitate the readers further understanding the national security law for HKSAR comprehensively, objectively, and accurately, I would like to share the following facts in addition to my previous letter on June 17.
1. The national security legislation in HKSAR answers the call of Hong Kong people. Maintaining national security complies with the “One Country, Two Systems” policy created by China’s previous leader Deng Xiaoping, and is the prerequisite and basis for Hong Kong to maintain prosperity and stability. Without national security, how can the “One Country, Two Systems” policy be comprehensively and accurately implemented in Hong Kong? Since China resumed the exercise of sovereignty over Hong Kong 23 years ago, due to the obstruction of anti-China forces, the HKSAR has failed to complete the national security legislation as required by the Basic Law, causing Hong Kong to remain in a “defenseless” situation. A number of HK residents (some are foreign nationals) openly clamoured for “Hong Kong independence” and “self-determination”, smashed and robbed stores, violently attacked the police, assaulted the Hong Kong Legislative Council and even cried for “waging armed revolution to gain independence”. These violent actions severely trampled the rule of law in Hong Kong, undermined social stability, hit the economy hard, and put national security at serious risk. Hong Kong people are heartbroken and desperately hope that chaos would be ended quickly, order would be restored, and Hong Kong would walk out of the desperation. In this context, the NPC decided to act in accordance with the Chinese Constitution and Hong Kong Basic Law, and established and improved the legal system and enforcement mechanisms for Hong Kong. Through multi-mode, multi-channel, the NPC sought the views of HKSAR government and people from different walks of life, and obtained the signature of support of nearly 3 million Hong Kong people (including many employees of foreign-funded enterprises in Hong Kong) in 8 days. This fully demonstrates that the national security legislation in HKSAR is in line with mainstream opinion.
2. The national security law for HKSAR will not undermine Hong Kong’s high degree of autonomy. In fact, the law fully integrates the comprehensive jurisdiction of the central government and HKSAR’s high degree of autonomy. It does not affect the SAR’s administrative, legislative or independent judicial power, including that of final adjudication. The law clearly stipulates that the HKSAR shall respect and protect human rights while safeguarding national security, and protect the rights and freedoms of speech, of press, of publication, of association, of assembly and of demonstration that the Hong Kong residents have never enjoyed under the British colonial rule, in accordance with the Basic Law and the relevant 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. But the rights does not mean that there are no restrictions. The ICCPR clearly stipulates that the exercise of these rights must not undermine national security and public order. The national security law for HKSAR includes four types of offences: secession, subversion, organisation and perpetration of terrorist activities, collusion with a foreign country or with external elements to endanger national security. It only punishes a very small number of criminals, and protects the vast majority of law-abiding citizens.
3. China does not fail to fulfill its international obligations by enacting the national security law for HKSAR. I must reiterate, the basic policies regarding Hong Kong declared in the 1984 Sino-British Joint Declaration is China’s unilateral policy statement, not its international obligations to the UK. The British side confused the Joint Declaration with China’s “One Country, Two Systems” policy and falsely accused China of failing to fulfill its international obligations. The Chinese government governs Hong Kong in accordance with China’s Constitution and the Hong Kong Basic Law, not the Joint Declaration. The British side has made irresponsible remarks on Hong Kong affairs after Hong Kong’s return, and now intends to break its promise of not conferring the right of abode to those holding British National (Overseas) Pass-ports (BNO), claiming that it “will provide them with a route to British citizenship”. This is a blunt interference in China’s internal affairs and a flagrant violation of the basic norms of international relations. China expresses strong dissatisfaction and firm opposition to it, and has made solemn representations to the British side.
4. Hong Kong affairs are purely China’s internal affairs, and external forces have no right to interfere. Sovereign equality and non-interference in internal affairs are the basic norms of international law and international relations. China has never interfered in the internal affairs of other countries, and is resolutely opposed to foreign interference in China’s internal affairs. On July 1, 1997, China resumed the exercise of sovereignty over Hong Kong. Hong Kong has become a special administrative region of China and is no longer under British colonial rule. Not a single word or paragraph in the Joint Declaration gives the UK any responsibility over Hong Kong after its return. Some British politicians should give up their outdated colonial mindset.
With the implementation of the Hong Kong National Security Law, Hong Kong society is changing from disorder to governance and is expected to restore stability. The freedoms and rights of Hong Kong residents can also be better protected. Hong Kong is an international finance, trade, and shipping hub. Hong Kong’s prosperity and stability are in the interest of investors from all countries, including the UK. The UK and China have agreed to commit to building a global comprehensive strategic partnership for the 21st century. This requires the two sides to move towards each other. As State Councilor and Foreign Minister Wang Yi said on the phone with Dominic Raab, the First Secretary of State and Secretary of State for Foreign and Commonwealth Affairs of the UK, “the Chinese side hopes that the UK will respect the Constitution of the People’s Republic of China and the Basic Law enacted in accordance with the Constitution, respect China’s legitimate right to safeguard national security on its territory, and respect the Chinese central government’s administration of Hong Kong under the principle of ‘One country, Two systems.’”
Yours faithfully,
Cui Jianchun
Chinese Ambassador to Guyana
