The Government of the Hong Kong Special Administrative Region (HKSAR) today (May 11) strongly disapproved and opposed the so-called “2023 Annual Report” issued by the United States (US) Congressional-Executive Commission on China (CECC), which made biased, slandering and smearing remarks against the situation in the HKSAR.

     A HKSAR Government spokesperson said, “The HKSAR Government strongly disapproves and opposes the CECC’s repeated tactics to interfere in the affairs of the HKSAR through the so-called annual report, and make slandering remarks against Hong Kong, where ‘one country, two systems’ is successfully implemented. The US is once again overriding the rule of law with politics and making unfounded and fact-twisting remarks. Such attempt to undermine the prosperity and stability of Hong Kong and interfere in Hong Kong’s law-based governance is doomed to fail.”

     The spokesperson said, “The so-called ‘sanctions’ as mentioned in the US’ so-called report is a smack of despicable political manipulation to intimidate the HKSAR officials safeguarding national security. These grossly interfere in China’s internal affairs and Hong Kong affairs, and violate the international law and the basic norms governing international relations. US’ CECC clamoured for so-called ‘sanctions’ against dutiful HKSAR officials, the HKSAR Government strongly condemns their political grandstanding rife with ill intentions, which have been seen through by all. The HKSAR despises such so-called ‘sanctions’ and is not intimidated by such a despicable behaviour. The HKSAR will resolutely continue to discharge the duty of safeguarding national security.”
      
     The spokesperson reiterated, “The HKSAR Government steadfastly safeguards national sovereignty, security and development interests, and fully and faithfully lives up to the highest principle of ‘one country, two systems’. It will resolutely, fully and faithfully implement the Hong Kong National Security Law (NSL), the Safeguarding National Security Ordinance and other relevant laws safeguarding national security in the HKSAR, to effectively prevent, suppress and impose punishment for acts and activities endangering national security in accordance with the law, whilst maintaining the common law system, adhering to the principle of the rule of law and upholding the rights and freedoms of Hong Kong people in accordance with the law, so as to ensure the steadfast and successful implementation of the principle of ‘one country, two systems’. The HKSAR Government strongly demands the UK to immediately stop acting against the international law and basic norms of international relations and interfering in China’s internal affairs and Hong Kong affairs.”

     Regarding the slandering remarks in the US’ so-called report and the relevant statement about the HKSAR, the Government solemnly rejects them in the ensuing paragraphs.

Safeguarding National Security

     The HKSAR Government spokesperson said, “The HKSAR Government strongly opposes the absurd and untrue content regarding legislation safeguarding national security in the HKSAR contained in the US’ so-called report. The US side has ignored the large-scale and incessant riots during the ‘colour revolution’ in Hong Kong that occurred in 2019 which devastated our society, livelihood and economy. It ignored the fact that it is an international practice and an inherent right and responsibility for sovereign state to enact laws safeguarding national security. The US has at least 21 pieces of laws safeguarding national security; and blatantly attacked the HKSAR in safeguarding national security dutifully, faithfully and in accordance with the law. Such positions fully exposed the US’ double standards. The US must discern the fact that the NSL has enabled the livelihood and economic activities of the Hong Kong community at large to resume as normal.

     “As regards the offenses related to seditious intention, the courts of the HKSAR have ruled in different cases that the provisions relating to sedition are consistent with the relevant provisions of the Basic Law and the Hong Kong Bill of Rights on the protection of human rights, and that a proportionate and reasonable balance has been struck between safeguarding national security and protection of the freedom of speech. The offence is not meant to silence expression of any opinion that is only genuine criticisms against the Government based on objective facts.

     “In terms of law enforcement, 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 Police have the responsibility to pursue those who are suspected of committing offences under the NSL outside Hong Kong. The persons who have been put on the wanted list have fled overseas and are suspected of continuing to commit offences under the NSL. Their malicious acts to endanger national security have been seen through by all, and there is no doubt that they have clearly and seriously endangered national security. As the law enforcement department of the HKSAR safeguarding national security, the Police are duty bound to put the persons concerned on the wanted list in accordance with the law and the action is fully justified. The extraterritorial effect for the laws safeguarding national security in the HKSAR fully aligns with the principles of international law, international practice and common practice adopted in various countries and regions. It is both necessary and legitimate, and is also in line with those of other countries and regions around the world. It can be seen that the national security laws of various countries, including the US, the United Kingdom, Australia, Canada and the Member States of the European Union, also have extraterritorial effect under the ‘personality principle’ and the ‘protective principle’. The US has no basis and has no right at all to point its fingers in a vexatious and frivolous manner.

     “As repeatedly stressed by the HKSAR Government, the laws safeguarding national security in the HKSAR 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 relevant laws have set out clear definitions and criminal elements which will not affect regular exchanges between Hong Kong residents and people here for business with foreign countries. These normal interactions and business activities are protected by the Basic Law and the local laws of the HKSAR, and cannot be confused with acts and activities endangering national security.”

     As for the so-called US report which smears the Hong Kong SAR’s custodial and rehabilitation work, it is groundless, misleading, irresponsible and absurd. The HKSAR Government solemnly points out that the Correctional Services Department (CSD) performs its duties in accordance with law and regulations, and is committed to ensuing the principles of secure, safe, humane, decent and healthy, and upholding the principles of equality in managing all persons in custody (PICs), regardless of their background. The CSD adheres to the principles of both “safe custody” and “rehabilitation” to provide PICs with a suitable and healthy custodial environment. CSD’s rehabilitation programme aims to offer reflection and learning opportunities to PICs, and promote law-abiding and inclusive values among PICs so that they can lead a healthy life upon release. Participation of PICs in relevant rehabilitation programmes are voluntary.
      
     “As regards the so-called Hong Kong Economic and Trade Office Certification Act as mentioned in the US’ so-called report, the HKSAR Government despised the hypocrisy and barbaric act of US politicians driven only by their own political gains, fabricating groundless excuses, and attacking the Hong Kong Economic and Trade Offices’ legitimate and rational economic and trade promotion activities. The HKSAR Government sternly urged the US to stop pushing forward the so-called Hong Kong Economic and Trade Office Certification Act and all its wrongful and bullying acts that damage the economic and trade relations between Hong Kong and the US.”

Safeguarding Due Administration of Justice and Rule of Law

     The HKSAR Government spokesman pointed out, “Hong Kong is a society underpinned by the rule of law and has always adhered to the principle that laws must be obeyed and lawbreakers held accountable is well recognised by international communities. Article 85 of the Basic Law clearly stipulates that the courts of the HKSAR shall exercise judicial power independently, free from any interference. As guaranteed by the Basic Law and the Hong Kong Bill of Rights, all defendants charged with a criminal offence shall have the right to a fair trial by the judiciary exercising independent judicial power. It is extremely inappropriate to make unwarranted comments on criminal trials which are ongoing in the HKSAR courts. It is also a complete disregard to the spirit of the rule of law.

      “The Department of Justice has all along, by virtue of Article 63 of the Basic Law, to take charge of criminal prosecutions. All prosecutorial decisions are based on an objective analysis of all admissible evidence and applicable laws. The Judiciary of the HKSAR exercises judicial power independently in accordance with the law, and everyone charged with a criminal offence has the right to a fair hearing. The courts decide cases strictly in accordance with the evidence and all applicable laws. Cases will never be handled any differently owing to the profession, political beliefs or background of the persons involved. The prosecution has the burden to prove beyond reasonable doubt the commission of an offence before a defendant may be convicted by the court.

     “The right to choice of lawyers is protected by the Basic Law, and it is well-established by case law that such a choice means a right to choose lawyers who are available and entitled to practise in Hong Kong, and not overseas lawyers who are not qualified to practise. As a matter of fact, in the US, there is simply no regime for ad hoc admission of overseas lawyers similar to that in Hong Kong, not to mention any regime which allows overseas lawyers who are not qualified to practise generally there to handle national security cases. The amendment to the Legal Practitioners Ordinance (Cap. 159) was introduced by the Government last year with a view to addressing the potential national security risks associated with the participation in national security cases by overseas lawyers who are not qualified to practise generally in Hong Kong, and implementing the interpretation by the Standing Committee of the National People’s Congress of Articles 14 and 47 of the NSL.”

Safeguarding Rights and Freedoms

     The HKSAR Government spokesperson said, “The HKSAR Government steadfastly safeguards the rights and freedoms enjoyed by Hong Kong people as protected under the law. Since Hong Kong’s return to the motherland, human rights in the city have always been robustly guaranteed constitutionally by both the Constitution and the Basic Law. The NSL and the Safeguarding National Security Ordinance clearly stipulates that human rights shall be respected and protected in safeguarding national security in the HKSAR, and that the rights and freedoms, including the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration, that Hong Kong residents enjoy under the Basic Law and the 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 shall be protected in accordance with the law. Nonetheless, as in other places of the world, such rights and freedoms are not absolute. The ICCPR also expressly states that some of them may be subject to restrictions as prescribed by law that are necessary for protection of national security, public safety, public order or the rights and freedoms of others, etc.”

Reform of District Councils (DCs)

     The HKSAR Government spokesperson pointed out, “The HKSAR Government strongly refutes the fallacious descriptions about the reform of DCs in the US’ so-called report. The chaos of the earlier term DCs is well known to everyone in Hong Kong and abhorred. Putting DCs back to the right track and reforming them is therefore necessary and imperative. Reforming DCs is an important part of improving district governance. Having a variety of methods for the formation of DCs enables people who love the country, have an affection for Hong Kong and are dedicated to serving their districts to participate in the work of DCs through a variety of channels, would reflect public opinions more comprehensively and accurately.

     “The 2023 DC Ordinary Election was the first large-scale territory-wide election under the improved district governance structure and the reformed DCs. The election is of great significance in terms of returning the DCs to their rightful positioning under Article 97 of the Basic Law as advisory and service bodies that are not organs of political power, and in terms of fully implementing the principle of ‘patriots administering Hong Kong’. This was a high-quality election conducted in a fair, just, clean, safe and orderly manner, demonstrating fully an election culture of excellence and the superiority of the reformed DCs.”

     ​The Hong Kong Special Administrative Region (HKSAR) Government today (April 25) strongly opposed the so-called resolution adopted by the European Parliament against Hong Kong, and strongly condemned the Parliament for making baseless allegations about Hong Kong and smearing the Hong Kong National Security Law (NSL) and the Safeguarding National Security Ordinance (the Ordinance), so as to set the record straight.

     A spokesman for the HKSAR Government said, “It is the constitutional duty of the HKSAR to safeguard national security. In accordance with international law and international practice based on the Charter of the United Nations, safeguarding national security is an inherent right of all sovereign states. Many common law jurisdictions, including western countries such as the United States, the United Kingdom, Canada, Australia and New Zealand, as well as Singapore, have enacted multiple pieces of legislation to safeguard national security. Turning a blind eye to the fact and making exaggerated remarks, the Parliament has demonstrated typical political hegemony and hypocrisy with double standards.”

     “The NSL and the Ordinance clearly specify that the rights and freedoms enshrined in the Basic Law, as well as 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, are to be protected in accordance with the law. The European Parliament neglected the relevant provisions and lashed out wantonly, fully exposing its malicious intentions.”

     “The offences endangering national security stipulated by the Ordinance target acts endangering national security with precision, and define the elements and penalties of the offences with clarity. The prosecution has the burden to prove beyond reasonable doubt that the defendant had the actus reus and mens rea of an offence before the defendant may be convicted by the court. The Ordinance will not affect normal business operations and normal worldwide exchanges of local institutions, organisations and individuals. Law-abiding persons (including personnel, organisations and enterprises from the European Union and its member states) will not engage in acts and activities endangering our national security and will not unwittingly violate the law.”

     “Extraterritorial effect for the offences endangering national security under the NSL and the Ordinance fully aligns with the principles of international law, international practice and common practice adopted in various countries and regions. It is both necessary and legitimate, and is also in line with those of other countries and regions around the world. It can be seen that the national security laws of various countries, including the member states of the European Union, also have extraterritorial effect under the ‘personality principle’ and the ‘protective principle’. In formulating the extraterritorial effect under the Ordinance, we have already taken into account the principles of international law and international practice of state jurisdiction, as well as the nature of the offences,” the spokesman emphasised.

     “It is clear that safeguarding national security falls within the internal affairs of a sovereign jurisdiction, so the implementation of the NSL and the Ordinance should be free from any form of intervention. As a matter of fact, during the public consultation of the Basic Law Article 23 legislation, 98.6 per cent of the submissions of opinions showed support and gave positive comments, reflecting a strong consensus in society for the legislation, and it is also the aspiration of the people. The European Parliament blatantly clamoured for so-called ‘sanctions’ against HKSAR personnel who dutifully safeguard national security. The HKSAR Government strongly condemns its political grandstanding rife with ill intentions, which have been seen through by all.”

     “As the legal proceedings involving Lai Chee-ying are still ongoing, it is inappropriate for any person to comment on the details of the case. We emphasised that all cases (including the relevant case) are handled strictly on the basis of evidence and in accordance with the law. All defendants will receive fair trial strictly in accordance with laws applicable to Hong Kong (including the NSL) and as protected by the Basic Law and the Hong Kong Bill of Rights,” the spokesman also pointed out.

     “Any attempt by any country, organisation, or individual to interfere with the judicial proceedings in the HKSAR by means of political power or media or any other means, thereby resulting in a defendant not being able to have a fair trial that one should receive, is a reprehensible act undermining the rule of law of the HKSAR.”

     “Following the successful enactment of the Ordinance, the shortcomings in the legal system and enforcement mechanisms for the HKSAR to safeguard national security are addressed. We must once again emphasise that the Ordinance is a piece of legislation to defend against external forces that endanger our national security, acting like a sturdier door and a more effective door lock to defend our home. The HKSAR Government strongly urges the European Parliament to stop smearing and interfering in Hong Kong affairs which are internal affairs of China and ensure that their remarks concerning the NSL and the Ordinance are fair and just, and stop making scaremongering remarks,” the spokesman reiterated.

     The Hong Kong Special Administrative Region (HKSAR) Government today (April 23) strongly disapproves and rejects the unfounded and biased content related to Hong Kong contained in the United States (US) Department of State’s so-called 2023 Country Reports on Human Rights Practices.
      
     A HKSAR Government spokesperson said, “The HKSAR Government strongly disapproves and opposes the US’ repeated tactics through the so-called report in making slandering remarks against Hong Kong, where ‘one country, two systems’ is successfully implemented. The US is once again overriding the rule of law with politics and politicising human rights issues. Such attempt to undermine the prosperity and stability of Hong Kong and interfere in Hong Kong’s law-based governance is doomed to fail.”
      
     “Since Hong Kong’s return to the motherland, human rights of Hong Kong residents have been firmly protected by the Constitution and the Basic Law. The HKSAR Government resolutely, fully and faithfully implement the Hong Kong National Security Law, the Safeguarding National Security Ordinance and other relevant laws safeguarding national security in the HKSAR, to effectively prevent, suppress and impose punishment for acts and activities endangering national security in accordance with the law, whilst maintaining the common law system, adhering to the principle of the rule of law and upholding the rights and freedoms of Hong Kong residents in accordance with the law, so as to ensure the steadfast and successful implementation of the principle of ‘one country, two systems’. The HKSAR Government strongly demands the US to immediately stop acting against international law and the basic norms of international relations and interfering in China’s internal affairs and Hong Kong affairs.”
      
     On legislation safeguarding national security, the HKSAR Government spokesperson pointed out, “content regarding legislation safeguarding national security in the HKSAR contained in the US’ so-called report are completely absurd and untrue. Since the implementation of the Hong Kong National Security Law in June 2020, the US has ignored the large-scale and incessant riots that occurred in 2019 and devastated the society, livelihood and economy of Hong Kong. Instead, it piled up false stories and fabricated narratives through various so-called reports to maliciously slander legislation safeguarding national security in the HKSAR, and blatantly attack the HKSAR in safeguarding national security dutifully, faithfully and in accordance with the law. The US has also deliberately neglected the fact that such laws have enabled the livelihood and economic activities of the Hong Kong community, and as well the business environment, to return to normalcy. Its bullying act and hypocrisy with double standards are utterly ugly and despicable.”
      
     “The legal framework in safeguarding national security in the HKSAR, as well as the Safeguarding National Security Ordinance which was gazetted and took effect last month clearly stipulate that human rights shall be respected and protected in safeguarding national security. The rights and freedoms, including the freedoms of speech, of the press and of publication, and the freedoms of association, of assembly, of procession and of demonstration, enjoyed by Hong Kong residents under the Basic Law 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 the HKSAR are to be protected in accordance with the law.

     “The offences endangering national security stipulated by the Hong Kong National Security Law target acts endangering national security with precision, and define the elements and penalties of the offences with clarity. The prosecution has the burden to prove beyond reasonable doubt that the defendant has the actus reus and mens rea of an offence before the defendant may be convicted by the court. The offences under the Hong Kong National Security Law do not have retrospective effect. This is in line with Article 12 of the Hong Kong Bill of Rights.
      
     “As a matter of fact, it is each and every sovereign state’s inherent right to enact laws safeguarding national security, and it is also an international practice. The US has at least 21 pieces of laws safeguarding national security. It is therefore in no position to point its finger at other countries and regions for legitimately legislating to safeguard national security.
      
     “As regards the sedition offence, the courts of the HKSAR have ruled in different cases that the provisions relating to sedition are consistent with the relevant provisions of the Basic Law and the Hong Kong Bill of Rights on the protection of human rights, and that a proportionate and reasonable balance has been struck between safeguarding national security and protection of the freedom of speech. The offence is not meant to silence expression of any opinion that is only genuine criticisms against the Government based on objective facts.
      
     As for enforcement actions, the HKSAR Government spokesperson reiterated, “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.”
      
     “Like law enforcement agencies around the world, the HKSAR’s law enforcement agencies released information of fugitive offenders who have allegedly committed serious offences and are wanted, and appealed for the public’s assistance in bringing fugitive offenders to justice. This is legitimate, necessary, and squarely in line with international practice. The US often abuses ‘long-arm jurisdiction’ and unilateral sanctions to target citizens of other countries. Its smears on the HKSAR’s enforcement actions taken in accordance with the law are simply untenable.
      
     “On the bail arrangement, the cardinal importance of safeguarding national security and preventing and suppressing acts endangering national security explains why the Hong Kong National Security Law introduces more stringent conditions to the grant of bail in relation to offences endangering national security. The content against the implementation of the arrangement mentioned in the US’ so-called report are nothing but unreasonable smears.
      
     On safeguarding the due administration of justice and the rule of law, the HKSAR Government spokesperson reiterated, “Hong Kong is a society underpinned by the rule of law and has always adhered to the principle that laws must be obeyed and lawbreakers be held accountable. The HKSAR’s judicial system has been highly regarded by the international community. The HKSAR Judiciary exercises judicial power independently in accordance with the law, free from any interference. Everyone charged with a criminal offence has the right to a fair hearing.”
      
     “As far as legal practitioners are concerned, the right to choice of lawyers is protected by the Basic Law, and it is well-established by case law that such a choice means a right to choose lawyers who are available and entitled to practise in Hong Kong, and not overseas lawyers who are not qualified to practise generally. Amendments to the Legal Practitioners Ordinance in 2023 does not affect the ad hoc admission of overseas lawyers in criminal and civil cases not involving national security. In fact, most jurisdictions do not have similar regimes of ad hoc admission. Relatively speaking, the current ad hoc admission regime in the HKSAR is very open. Any remark that our admission regime qualifies the right to choice of lawyers is not only hypocrisy, but also manifestly without a sound legal basis.
      
     As regards the HKSAR’s electoral system, the HKSAR Government spokesperson pointed out, “the improved electoral system of the HKSAR puts in place legal safeguards to ensure the full implementation of ‘patriots administering Hong Kong’. Keeping political power in the hands of patriots is a political rule commonly adopted around the world. No country or region in the world will ever allow political power to fall into the hands of forces or individuals who do not love, or even sell out or betray, their own country. In Hong Kong, regardless of one’s background, whoever meets the requirements and criteria of patriots can participate in elections in accordance with the law and serve the Hong Kong public by entering into the governance structure of the HKSAR after getting successfully elected.”
      
     The spokesperson added, ‘this term of Legislative Council has, by way of its rational and constructive interaction with the executive authorities, fully manifested the spirit of ‘patriots administering Hong Kong’, while a spectrum of different voices in the legislature steadfastly upheld the overall interests of Hong Kong, exemplifying quality democracy. Furthermore, the improved district governance system, including the reformed District Councils, enable patriots who have an affection for Hong Kong and are dedicated to serving their districts to participate in the work of the District Councils through a variety of channels, thereby reflecting public opinion more comprehensively and accurately.”
      
     The HKSAR Government spokesperson reiterated, “the HKSAR steadfastly safeguards national sovereignty, security and development interests, and fully and faithfully lives up to this top priority of ‘one country, two systems’. With the strong support from the motherland, and as the city where the global advantage and the China advantage converge under ‘one country, two systems’, Hong Kong will continue to protect and promote human rights through security, development and co-operation, as well as to tell the international community good stories of the HKSAR’s human rights situation in a reasoned and robust manner.”

     ​The delegation of the District Officers (DOs) of the Hong Kong Special Administrative Region (HKSAR) Government for a study programme on district governance continued its duty visit to Zhejiang Province today (April 20) to gather a deeper understanding of the implementation of modernisation with Chinese characteristics and district governance matters in Zhejiang. 

     The delegation is led by the Secretary for Home and Youth Affairs, Miss Alice Mak and the members include the Permanent Secretary for Home and Youth Affairs, Ms Shirley Lam; the Director of Home Affairs, Mrs Alice Cheung, and the 18 DOs.

     The delegation arrived in Hangzhou from Beijing yesterday (April 19) and was received by Deputy Director of the Department of Hong Kong and Macao Affairs of the People’s Government of Zhejiang Province Mr Yao Guowen with a welcoming dinner. Miss Mak expressed gratitude to Mr Yao for taking the time to meet with the delegation. She said that Zhejiang was the origin of the “Fengqiao Experience” and had long promoted the concept of relying on its people to resolve problems. Zhejiang people are encouraged to “speak up, discuss and take charge”, and creatively resolve social disputes and problems, which can serve as a valuable reference for Hong Kong. She hoped that there would be closer exchanges and co-operation between the two places in relation to district governance work in the future.

     The delegates visited the Fengqiao Experience Exhibition Hall in Zhuji City today. Through various exhibits, the delegation learned about the development of the “Fengqiao Experience” and the social governance experience of being people-centric while systematically preventing and resolving conflicts. They also visited the Convenient Service Centre in Fengqiao Town to understand how the “Fengqiao Experience” had been put into practice in the local community.

     The delegation also toured the community of Dongsheng and exchanged views with community members on the experience of grassroots governance, understanding how the “Fengqiao Experience” had been extended to urban communities through the co-ordination of different community organisations to participate in local governance and provision of convenient services to the residents. The delegation also visited the Yuequan Secondary School in Pujiang County to learn about the “Pujiang Experience” and ways to improve the relationship between government officials and the public for strengthening and enhancing district governance through a feature film and photo exhibition. The delegates also visited the historic Xinguang Village, which has been revitalised as a local tourism place.

     The delegation will continue its duty visit to Zhejiang Province tomorrow (April 21) and return to Hong Kong in the afternoon.