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National Security Law comes into effect

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (the National Security Law) was gazetted for promulgation on June 30 and took effect at 11pm the same day.

The Hong Kong Special Administration Region (HKSAR) Government welcomes the passage of the Law by the Standing Committee of the National People’s Congress (NPCSC). The Law is an important step to fully implement the Basic Law, strengthen implementation of the “One Country, Two Systems” principle, and restore stability in Hong Kong. It is a national law enacted by the NPCSC establishing at the state level the legal framework and enforcement mechanisms for Hong Kong to safeguard national security.

The purposes of the National Security Law are to:
(a) prevent, curb and punish crimes, namely acts of secession, subversion of state power, terrorist activities, and collusion with foreign or external forces to endanger national security;
(b) maintain prosperity and stability of the Hong Kong Special Administration Region(HKSAR); and
(c) protect the lawful rights and interests of HKSAR residents, including overseas investors.

The National Security Law stipulates very clearly that the various rights and freedoms, including the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration, which the HKSAR residents enjoy 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 Hong Kong, shall be protected in accordance with the Law. HKSAR shall adhere to a number of important principles in line with the rule of law when protecting national security, including presumption of innocence, conviction and punishment according to law, and protection of the rights of the suspect in judicial proceedings, etc. The Law stipulates that it shall only apply to acts committed after its entry into force for the purpose of conviction and imposition of punishment.

A safe society provides a favorable business and investment environment. Safeguarding national security and the rule of law in Hong Kong is the cornerstone to maintain “One Country, Two Systems”, ensuring the long-term stability and safety of Hong Kong. The HKSAR Government is confident that with the implementation of the Law, the social unrest which has troubled Hong Kong people for nearly one year will be eased and stability will be restored, thereby enabling Hong Kong to start anew and focus the priorities on economic development and people’s livelihood. The English translation of the National Security Law can be found at http://www.xinhuanet.com/english/2020-07/01/c_139178753.htm.

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