The Hong Kong Special Administrative Region (HKSAR) Government on March 13 expressed its strongest condemnation against the statement by anti-China organisation “Hong Kong Watch” together with 16 co-signatories, which deliberately misled the public and smeared the requirement on “disclosure of commission by others of offence of treason” in the Basic Law Article 23 legislation that it targets religions, attempting to provoke discontent among religious personnel and followers against the legislation.
 
     A spokesman for the Government said, “The offences of treason and misprision of treason, no matter in Hong Kong or in other common law jurisdictions, have existed for a long time. They do not target religious personnel or followers, and have nothing to do with freedom of religion. In any case, freedom of religion is not for protecting anyone who has committed serious offences from legal sanctions. Besides, ‘Hong Kong Watch’ has omitted to mention an important fact, i.e. Article 18 of the International Covenant on Civil and Political Rights (which was based on Article 18 of the Universal Declaration of Human Rights) clearly stipulates that freedom of religion may be subject to limitations to protect public safety, order, or the fundamental rights and freedoms of others.
 
     “The HKSAR Government has proposed to codify the offence of misprision of treason under the common law as the requirement on ‘disclosure of commission by others of offence of treason’ with appropriate enhancement. However, anti-China organisation ‘Hong Kong Watch’ and the co-signatories forcibly linked the relevant requirement to freedom of religion to, on one hand, smear the legislative work using religion as a pretext and, on the other hand, attempt to provoke the repulsion of the religious personnel and followers against the HKSAR Government. They even made demagogic and exaggerated remarks in an attempt to mislead the international community into believing that the proposal by the HKSAR Government runs contrary to the international standard, thereby creating a negative impression of the Basic Law Article 23 legislation, demonstrating their malicious intention. It is necessary for the HKSAR Government to express its strongest condemnation.
 
     “First, ordinary citizens, regardless of whether they are religious personnel or followers or not, would absolutely not commit treason. Treason is an extremely serious and very rare offence endangering national security, which will only be violated in extreme conditions, including levying war against China, or instigating a foreign country to invade China with force. If a person really conducts such acts and activities, it would be absolutely reasonable, necessary and justified to request the Chinese citizen who knows about the acts to disclose the commission of the offence to the law enforcement agencies of the HKSAR, so that the law enforcement agencies can take timely enforcement actions in accordance with the law to protect the lives and property of the community.
 
     “We must also point out that, misprision of treason remains a common law offence in the United Kingdom; while countries with a common law system, including the United States, Canada and Singapore, have codified the offence of misprision of treason, and the above-mentioned countries have not specify relevant exceptions. ‘Hong Kong Watch’ and the co-signatories have not mentioned the relevant provisions in the countries concerned before groundlessly attacking under the guise of religious matters the HKSAR Government’s legislative work on safeguarding national security. It is a blatant, shameless and barbaric intervention, and is also a typical example of double standards.

     “Not only is ‘Hong Kong Watch’ an anti-China organisation, many of its members are also anti-China and destabilising forces in the front line, who have called for so-called ‘sanctions’ by foreign countries against officials of the Central People’s Government and the HKSAR Government repeatedly. Members of the public in Hong Kong, the religious sector and the international community should see the organisation in its true colours and not to be misled by its erroneous remarks with ulterior motives.”

     The Hong Kong Special Administrative Region (HKSAR) Government today (March 10) strongly condemned anti-China organisation the Committee for Freedom in Hong Kong (CFHK) Foundation for blatantly requesting the United States (US) to impose so-called “sanctions” on the officials of the Central Government and the HKSAR, in particular those taking part in the Basic Law Article 23 legislation, and smearing the Safeguarding National Security Bill (the Bill). The act of the CFHK Foundation may constitute the offence of “collusion with a foreign country or with external elements to endanger national security” under Article 29 of the Hong Kong National Security Law.

     A spokesman for the HKSAR Government said, “The Bill is now under scrutiny of the Bills Committee of the Legislative Council. The CFHK Foundation attempted to collude with a foreign country or with external elements, and blatantly clamoured at this juncture for so-called ‘sanctions’ against dutiful officials of the Central and HKSAR governments with a view to intimidating them, completely ignoring the due legislative procedures of the HKSAR and fully demonstrating its despicable intention. The HKSAR Government strongly condemned the Foundation.”

     The spokesman pointed out that wanted person Hui Wing-ting is a core member of the CFHK Foundation. The Foundation has initiated a number of anti-China campaigns, including requesting the imposition of so-called “sanctions” on officials of the Central and HKSAR governments as well as closure of the Hong Kong Economic and Trade Offices in the US. The Foundation’s earlier claim emphasising that it was not anti-China is obviously untrue. Members of the public should discern facts from fallacies.

     The acts of the CFHK Foundation also demonstrated the necessity of the measures in the Bill proposing to target absconders charged with offences endangering national security, including the prohibition against making available funds to, or dealing with funds of, an absconder, as well as cancellation of HKSAR passport. Moreover, it is also necessary to protect persons handling cases or work concerning national security, enabling the relevant officers to handle work for safeguarding national security without worries, thereby buttressing and strengthening the enforcement forces for safeguarding security.

     “As a matter of fact, the Bill has stipulated that one of the fundamental principles in legislating for safeguarding national security is to respect and protect human rights. It expressly provides that the rights and freedoms enjoyed under the Basic Law and the provisions of the two international covenants on human rights as applied to the HKSAR, are to be protected in accordance with the law. The HKSAR Government will continue to safeguard national security fearlessly and complete the legislative work as soon as possible. The earlier we complete the legislative work, the sooner we can guard against national security risks,” the spokesman said.

     ​The Hong Kong Special Administrative Region (HKSAR) Government today (March 1) strongly disapproved of and condemned scaremongering remarks made by the Consul General of the United States of America (US) to Hong Kong, Mr Gregory May.
      
     The HKSAR Government spokesman said, “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, and have nothing to do with their political stance, background or occupation. The suggestion that certain individuals or organisations should be immune from legal consequences for their illegal acts, including those involving collusion with foreign or external forces, is no different from advocating a special pass to break the law, and this totally runs contrary to the spirit of the rule of law. As guaranteed by the Basic Law and the Hong Kong Bill of Rights, all defendants charged with a criminal offence have the right to and will receive a fair trial by the judiciary. The courts of the HKSAR shall exercise judicial power independently, free from any interference. It is extremely inappropriate for the US Consul General to make unwarranted comments on criminal trials which are ongoing in the HKSAR courts, and even attempt to compare the Lai Chee-ying’s case with the efforts of the HKSAR Government in promoting the city. It is also a complete disregard to the spirit of the rule of law.
      
     “Every state will enact laws on safeguarding national security. This is an inherent right of every sovereign state, and is also an international practice. In terms of national security-related legislation, the US has at least 21 pieces. There have also been countless administrative orders issued in the name of so-called ‘national security’. The US has even at every turn suppressed dissidents through covert surveillance, illegal wiretapping, and global manhunt, and is in no position to point its finger at other countries and regions for making their own legislation for safeguarding national security legitimately. The US Consul General also deliberately ignored the HKSAR’s constitutional duty and practical needs for the Basic Law Article 23 legislation, and blatantly smeared the Basic Law Article 23 legislation and the law enforcement actions conducted in accordance with the law. This is in total contradiction with his professed intention for the US to foster a better relationship with Hong Kong.”
      
     “As repeatedly stressed by the HKSAR Government, the implementation of the Hong Kong National Security Law (NSL) and the Basic Law Article 23 legislation are precisely for safeguarding national sovereignty, unity and territorial integrity; and ensuring the full and faithful implementation of the principle of ‘one country, two systems’ under which the people of Hong Kong administer Hong Kong with a high degree of autonomy. It will also better safeguard the fundamental rights and freedoms of the residents of the HKSAR and other people in the city, including those doing business in Hong Kong. The legislation will not affect regular exchanges between Hong Kong residents and people doing business in Hong Kong with foreign countries. These normal interactions are protected by the Basic Law and the local laws of the HKSAR. The acts and activities endangering national security which the NSL and the Basic Law Article 23 legislation seek to prevent and suppress are distinctly different from normal exchanges and business activities. The US should immediately act reasonably and sensibly once again, stop making irresponsible remarks on the Basic Law Article 23 legislation and HKSAR’s effort in safeguarding national security, and stop interfering in Hong Kong affairs which are internal affairs of China,” the spokesman stressed.

     The Hong Kong Special Administrative Region (HKSAR) Government today (February 29) strongly disapproved of and rejected the biased and misleading remarks made by the United States (US) Government about the Basic Law Article 23 legislation (Article 23 legislation).

     A spokesman for the HKSAR Government said, “The US was found conducting long-term covert surveillance around the world and even against the governments of multiple countries. A former US national security advisor even publicly admitted that he helped plan coups in foreign countries. It is simply unconvincing for the US Government to comment at this juncture on the HKSAR’s legislative proposals for safeguarding national security, especially those on offences relating to ‘state secrets’ and ‘external interference’.”

     “The practice of providing for proportionate extraterritorial effect for offences endangering national security fully aligns with the principles of international law, international practice and common practice adopted in various countries and regions. The national security laws of the US and many other countries have extraterritorial effect. A lack of extraterritorial effect in the relevant laws in safeguarding national security is tantamount to condoning activities endangering national security carried out by ill-intentioned people overseas. Therefore, extraterritorial effect is an essential component of national security laws. The US even often abuses ‘long-arm jurisdiction’ and unilateral sanctions to target residents of other countries. The smears by the US Government on the extraterritorial effect of the Article 23 legislation are simply untenable.

     “Moreover, the HKSAR Government has pointed out publicly time and again that the proposed offences relating to ‘state secrets’ and ‘external interference’ have multiple conditions. It is necessary to meet all the relevant conditions concurrently before the offence concerned is committed, and hence it is impossible for anyone to violate the law unwittingly. In formulating the relevant offences and drafting the bill, we will target acts endangering national security with precision and ensure that the elements and penalties of the relevant offences are defined with clarity.

     “Furthermore, the HKSAR law enforcement agencies have been taking law enforcement actions (including arrest and detention) based on evidence and strictly in accordance with the law in respect of the acts of the persons or organisations concerned, and have nothing to do with the background or political stance of the person or organisation.

     “To safeguard national sovereignty, security and development interests is the top priority of the principle of ‘one country, two systems’. To legislate on Article 23 is precisely for safeguarding national sovereignty, unity and territorial integrity; and ensuring the full and faithful implementation of the principle of ‘one country, two systems’ under which the people of Hong Kong administer Hong Kong with a high degree of autonomy. It will also better safeguard the fundamental rights and freedoms of the residents of the HKSAR and other people in the city. The US should immediately stop making irresponsible remarks on the Article 23 legislation and interfering in Hong Kong affairs which are internal affairs of China,” the spokesman stressed.