Thread by @MahuiChina

1. The British media and some politicians are interested in the draft decision on Hong Kong #nationalsecuritylegislation by the ongoing third session of China’s legislature- the National People’s Congress (NPC). Here is my thread on HK #nationalsecuritylegislation. @lisanandy

2. What is the draft decision: the draft decision on establishing and improving the legal system and enforcement mechanism for the Hong Kong Special Administrative Region (#HKSAR) to safeguard #nationalsecurity.

3. What has happened? The fourth plenary session of the 19th #CPC Central Committee clearly required establishing and improving a legal framework and enforcement mechanisms for safeguarding #nationalsecurity in #HKSAR.

chinese-embassy.org.uk/eng/dshdjjh/t1…

4. The NPC Standing Committee (SC) heard and deliberated on the Govt report on #nationalsecurity situation in #HKSAR and decided it is necessary to establish and improve, at the state level, a legal framework and enforcement mechanism for safeguarding #nationalsecurity in HKSAR.

5. The draft decision was submitted to the third session of #NPC for consideration on 22nd May.
xinhuanet.com/english/2020-0…. It is attended by about 3000 NPC deputies. The annual session usually takes place in March but was delay by #coivd19

6. What will happen? The decision is expected to be passed at the close of the session on the 28th May. Following the decision, the NPC SC will legislate and include the relevant laws into Annex III of the #BasicLaw of the HKSAR, who promulgates and implements them;

7. Can NPC legislate for Hong Kong? Yes, it can: #nationalsecurity is the cornerstone of the stability of the whole country including that of HK; HKSAR is a local administrative region and an inalienable part of PRC；NPC is the highest organ of state power in China.

8. Article 18 : NPCSC “may add to or delete from the list of laws in Annex III”. Those laws relate to defence and foreign affairs and other matters outside the limits of the autonomy of the HKSAR. For the Basic Law:
legco.gov.hk/general/englis…

9. Why not leave it to the HKSAR? Article 23 of the Basic Law stipulates the HKSAR shall enact laws on its own to safeguard national security, including prohibiting any act of treason, secession, sedition, subversion against the Central People’s Government...

10. HKSAR has constitutional responsibility for safeguarding national security. But more than 20 years after HK’s return, HK failed to pass it, leaving HK “defenseless” in national security.
xinhuanet.com/english/2020-0…

11. Furthermore, Article 23 has been stigmatized and demonized in HK making it very difficult for HK Legislative Council (LegCo) to enact it. The loophole was taken advantage of and activities jeopardizing national security have become increasingly rampant in HK.

12. Through Article 23, the Central Govt (CG) authorizes HKSAR to enact #nationalsecuritylaw on its own. This, however, does not prevent CG from developing a legal system and enforcement mechanism for safeguarding national security in light of the actual situation and needs.

13. Does China (NPC enacting national security legislation) violate the Sino-UK joint declaration? For full text:
cmab.gov.hk/en/issues/jd2.…

14. No. “One country, two systems,”“the people of HK governing HK,”“a high degree of autonomy”all flow from China’s Constitution and the HK Basic Law.

The ultimate goal of the Declaration is for China to recover and resume its sovereignty over HK.

15. The declaration has eight paragraphs with a total of 1,137 words and three annexes. Not a single word or paragraph gives the UK any responsibility over HK after its handover
The UK has no sovereignty, jurisdiction, or right of “supervision” over HK after its handover.

16. Again, the CG assumes the primary and ultimate responsibility for national security in China as it is with any other country; The NPC #nationalsecuritylegislation for HK will plug the loophole in the #nationalsecurity legislation that has been there since HK’s handover.

17. The legislation will not affect the rights and freedoms HK citizens enjoy under the law, but will only better guarantee them a safe environment, protect the law-based operation of intl businesses.

18. HK affairs are China’s internal affairs. The NPC #nationalscuritylegislation for HK will strengthen China’s capability of responding to external interference. Remarks by Chinese Ambassador:
chinese-embassy.org.uk/eng/dshdjjh/t1…