In a unanimous vote last month, the Hong Kong Special Administrative Region’s Legislative Council passed the Safeguarding National Security Ordinance (the Ordinance), fulfilling a constitutional duty that had been delayed for over two decades. It has been an honor for me to participate in this historic process.

The enactment of the new law to safeguard national security is a necessary step for the HKSAR to fulfill its constitutional responsibilities. It is also a key move to ensure Hong Kong’s long-term prosperity and stability.  

Following more than 20 years of careful consideration, especially after the 2019 turmoil, society has reached a broad consensus to recognize the importance of safeguarding national security, which was conducive to  the smooth and swift completion of the legislative process for Article 23 legislation.

The new ordinance, along with the National Security Law for Hong Kong, will lay a solid foundation for Hong Kong to achieve long-term stability and prosperity by promoting high-quality development in line with the national policy advocated by President Xi Jinping. With the completion of the Article 23 legislation, Hong Kong can face external challenges more confidently and effectively stop foreign intervention in the city’s affairs, allowing it to refocus on socioeconomic development.

Residents’ rights and well-being better protected

The Legislative Council’s Bills Committee held 22 meetings and spent 44 hours in deliberations over seven days, completing the scrutiny of and amendments to the bill. This process was efficient and rigorous. Not only does it reflect the public opinions collected during consultation, it also showcases the lawmakers’ commitment to national security responsibilities. Moreover, with Q&A sessions hosted between government officials and lawmakers clarifying the articles, public concerns have been dispelled, while smear campaigns against the legislation have been forcefully rebutted.

It is a common practice for authorities around the world to respond to national security threats swiftly and enact necessary laws without delay. For example, after the 9/11 terrorist attacks, the United States promptly enacted the Patriot Act in just 45 days. The country has at least 21 national security-related laws, while the United Kingdom has 14. Regrettably, when it comes to the West’s stance on Hong Kong’s process of consulting on and enacting the Article 23 legislation, some Western countries overlooked the harsh penalties contained in their own national security laws and applied double standards on Hong Kong for political reasons.

The passage of the law is not only a fulfillment of the SAR’s constitutional responsibilities but also a necessity in the current climate, and was widely supported by the public

The Western media’s recent unfounded reports on Hong Kong’s national security legislation have been rightly rebutted by the Secretary for Security Chris Tang Ping-keung, whose painstaking explanations have helped the international community understand the truth about the legislation. 
 

The Ordinance balances strictness and moderation. While seeking to safefuard national security, it protects the legitimate rights and and freedoms of residents, as well as the normal operations of businesses in the city.

The Ordinance meets the requirements of two international human rights conventions, respects and protects human rights, and its content and measures draw on the legislative experience of other common law jurisdictions, aligning with international norms. 

During the legislative process, special attention was paid to refining legal details and safeguarding human rights, including ensuring freedom of speech and of assembly for residents. The legislation targets only a very small number of individuals whose conduct has endangered national security and does not affect the normal freedom of speech and expression. Moreover, the special procedures stipulated in the law for criminal cases involving national security ensure both fairness and efficiency of the proceedings and the protection of the legitimate rights of the parties involved, reflecting a balance between the rule of law and the protection of human rights.

Enhancing HK’s overall competitiveness

Clear legal provisions and a stable social order are crucial to maintaining investors’ confidence and the normal operations of businesses. The new law will help maintain a sound business environment, which is conducive to maintaining and enhancing Hong Kong’s standing as a global financial center, and its global competitiveness. A stable legal environment is a crucial factor in attracting international investment and talent. By improving the legal system for national security, Hong Kong can better ensure social stability and economic development, thereby presenting itself as a rules-based city with strong governance capability on the international stage, boosting its status as a global financial, trade, and shipping center. With the new law in effect, Hong Kong’s national security defenses are stronger, eliminating concerns and freeing up more time and energy for economic development and the improvement of people’s livelihoods. Therefore, the passage of the law is not only a fulfillment of the SAR’s constitutional responsibilities but also a necessity in the current climate, and was widely supported by the public.

The legislation concerns Hong Kong’s future and is an important part of achieving the country’s overall security and development strategy. It injects new momentum into Hong Kong’s future development and embodies the spirit of the rule of law and human rights protection.

The author is a Hong Kong deputy to the National People’s Congress and a member of the Legislative Council.

The views do not necessarily reflect those of China Daily.