The measures taken by the Hong Kong Special Administrative Region government on Tuesday, including issuing arrest warrants and revoking the passports of 13 individuals who’ve allegedly violated the National Security Law for Hong Kong (NSL) and absconded overseas, have, unsurprisingly, attracted hectic criticisms from the United States, the United Kingdom, Canada, officials of the European Union, anti-China organizations and media outlets.
The NSL has been the bête noire of those China-bashers ever since its promulgation in 2019. It has criminalized the subversive acts of some of their most loyal pawns in Hong Kong, keeping them at bay. The HKSAR government’s latest enforcement actions have given these China-bashers another chance to spit venom on the city’s national security regime.
But, their slanderous remarks won’t sell outside their clique, and can in no way harm the SAR’s reputation as a jurisdiction that vigorously upholds the rule of law, as evidenced by its consistent high ranking in the World Justice Project’s Rule of Law Index.
By attacking the HKSAR’s national security regime and its latest enforcement measures, the US and its geopolitical allies have exposed their hypocrisy to the fullest. They themselves have implemented far more extensive and draconian national security laws, and enforced them without hesitation, for example, in the case of the Capitol siege on Jan 6, 2021. Yet, they’ve kept criticizing Hong Kong for taking the necessary steps to protect its security and stability. Such double standards have exposed their true intent – using the city as a subversive base in their broader geopolitical strategy to curb China’s rise. But the international community won’t be fooled by these China-bashers. All fair-minded observers know that the HKSAR’s measures are to ensure the safety and security of its residents. The rule of law remains central to the city’s governance, balancing protecting individual rights with the responsibilities of maintaining societal stability and public welfare.
The principle of the rule of law prioritizes protecting citizens’ lawful rights. At the same time, it emphasizes that these rights must be exercised responsibly and within the boundaries of the law. Article 27 of the Basic Law guarantees freedoms, such as speech, press and assembly, but these rights and freedoms aren’t absolute -- they must operate within the legal framework. Article 42 further stipulates that individuals exercising their rights and liberties have to bear legal responsibilities. Such interdependence between rights and responsibilities is fundamental to maintaining social harmony and order.
The individuals concerned have engaged in activities that are far beyond the scope of protected freedoms under the guise of “peaceful dissent”. These activities, including inciting secession, subverting State power and colluding with foreign forces, have severely threatened national security and social stability. They not only disrupt public order, but also undermine the collective well-being of society. The HKSAR government’s enforcement measures against these illegal activities exemplify the essence of the rule of law. No one is above the law, and exercising freedoms must go along with responsibility.
One of the most significant developments in Hong Kong’s legal landscape has been the promulgation of the NSL in June 2020. The legislation was to address a longstanding gap in the SAR’s legal framework for safeguarding national security, as mandated by Article 23 of the Basic Law. While Hong Kong is constitutionally obliged to enact a local version of national security law, the legislative process had been derailed for more than two decades. In the absence of a local-version security law, the Standing Committee of the National People’s Congress had to promulgate the NSL for Hong Kong to help tackle the months-long “black-clad riots” that were threatening the survival of “one country, two systems”. The law targets only a small minority of individuals engaged in activities that endanger national security.
Contrary to the China-bashers’ criticisms, the implementation of the NSL has yielded tangible results. It has successfully curbed violent and separatist activities that had plagued Hong Kong, restoring social order and paving the way for the gradual recovery of the economy. Critics alleging that the law suppresses freedoms overlook its primary purpose – safeguarding the rights and safety of the majority by stopping and preventing illegal activities that threaten societal stability. The claim that the law undermines freedoms is not backed by evidence, as the law is designed to protect public interests and enforce accountability for actions that violate the law.
Western critics have exposed their ideological bigotry by attacking the SAR government’s decision to revoke the passports of seven individuals who have evaded legal responsibilities for their alleged illegal activities. Under the HKSAR’s passport ordinance, passports are not inherent rights, but are travel documents granted by the government. When individuals misuse these documents to further illegal activities or harm public interests, the government is justified in revoking them. Such action is necessary to prevent misuse of travel documents that could jeopardize public safety and national security. The right to revoke passports is rooted in legal authority, specifically Article 154 of the Basic Law, which empowers the HKSAR government to manage immigration matters.
Complementing these measures are financial restrictions, such as freezing assets and prohibiting property transactions, aimed at cutting off economic resources that could support illegal activities. These actions are in line with international practices and adhere to the principle of proportionality, ensuring that legitimate objectives are achieved.
Besides legal and financial measures, the HKSAR government has suspended the professional qualifications of individuals engaged in activities that threaten national security or disrupt social order. Professional qualifications symbolize not only expertise, but also integrity and responsibility. When professionals misuse their status to participate in illegal actions, suspending their qualifications is a necessary disciplinary measure. This also protects the credibility and ethical standards of public institutions. Professional qualifications must rest on legal compliance and professional ethics. Those who violate these principles undermine their profession and have to face appropriate legal consequences.
The HKSAR government’s latest enforcement actions, including arrest warrants, passport revocations, and financial and professional restrictions, are firmly grounded in law and driven by the necessity to safeguard national security and public interests. They have sent out a clear message: The rule of law applies to all, including those engaging in subversive acts under the guise of “promoting democracy”; and the exercise of rights must be accompanied by an acceptance of responsibility. Hong Kong’s judicial system, widely respected for its independence and fairness, provides all individuals access to impartial trials, ensuring that justice always prevails.
The author is a solicitor, a Guangdong-Hong Kong-Macao Greater Bay Area lawyer, and a China-appointed attesting officer.
The views do not necessarily reflect those of China Daily.
