Beijing hits back at US criticisms of Hong Kong’s Article 23 law, vows to fully implement ‘one country, two systems’

“Any external interference and intimidation will not shake the Chinese government’s firm determination to fully implement one country, two systems,” a spokesman for the office said on Saturday.

“It would not shake the firm will of the 1.4 billion Chinese citizens, which include our Hong Kong compatriots, to protect our national sovereignty, safety and development interests.”

The new ordinance would accelerate Hong Kong’s progress from stability to prosperity, and allow the city to harness its unique advantages and status, he added.

The spokesman also questioned the human rights situation in the United States, noting the country had its own stringent national security laws.

The office slammed Blinken and US lawmakers’ comments as proof of double standards, bullying and sinister intentions.

The US Congressional-Executive Commission on China, which advises the country’s Congress, earlier called for fresh sanctions targeting Hong Kong officials responsible for the passage of the Article 23 law.

The advisory panel to the US Congress also vowed to expedite legislation to strip Hong Kong’s American-based trade offices of special privileges.

In a separate statement later that day, Blinken expressed his concerns over Hong Kong’s domestic national security law, arguing it would have “broad implications” for US citizens and city residents.

The law was vaguely defined and included provisions on sedition, theft of state secrets and interactions with foreign entities that could be used to “curb dissent”.

Secretary for Security Chris Tang Ping-keung and Secretary for Justice Paul Lam Ting-kwok told a radio programme on Saturday that new powers granted under the ordinance would not be used to send cases for trial on the mainland or to restrict press freedom.

The Article 23 law grants the city’s leader and top advisory body the Executive Council powers to create subsidiary legislation for “safeguarding national security” and “better carrying into effect” interpretations of national security laws.

Tang explained that they only intended to use such powers to work out the details and procedures surrounding the execution of Article 23, adding that it could not be used to override what is listed in the new ordinance.

Lam was asked on the radio programme if the new powers could affect Article 55 of the Beijing-imposed national security law, which states Office for Safeguarding National Security of the Central People’s Government in Hong Kong can exercise jurisdiction over a case at the request of the office or local authorities, subject to approval by the central government.
Secretary for Justice Paul Lam says it is “absolutely impossible for us to expand these powers through subsidiary legislation”. Photo: Yik Yeung-man

“I must state clearly here,” Lam said. “Article 55 of the national security law is very clear on this, it covers the four crimes designated under the national security law. It will not cover the offences under the Safeguarding National Security Ordinance.

“It is absolutely impossible for us to expand these powers through subsidiary legislation.”

Security chief Tang also emphasised that any subsidiary legislation under the newly enacted law would not surpass the scope of the main legislation.

This would prevent a situation where media outlets were regulated using any new powers granted under subsidiary legislation, he said.

Lam said Article 2 of the ordinance also stated it would protect human rights, while Article 27 of the Basic Law, Hong Kong’s mini-constitution, enshrined press freedoms.

“There is no reason or motive for people to think that there is a new law where we would use such a convoluted and complex way to add restrictions to the press,” he said.

“This does not align with common sense and there is no truth to this thinking.”