Question: May 28, the third session of the 13th National People's Congress (NPC) passed the decision on establishing and improving the legal system and enforcement mechanisms for the Hong Kong Special Administrative Region (HKSAR) to safeguard national security. What are the background and legal bases of the decision?

Answer: First, the decision-making by the NPC is timely, reasonable and necessary. The NPC is compelled to make such a decision by the turn of events with its legislative power and responsibility. National security is the foundation of a country's survival and development. Maintaining national security is the central authority. The central government has primary and ultimate responsibility for national security in all its administrative regions. It also enjoys and exercises all necessary power accordingly. This is the basic theory and principle of national sovereignty, and an established practice followed by countries in the world. Hong Kong implemented "one country, two systems" after its return in 1997. To safeguard national security is an essential part of the "one country, two systems" principle. Without national security, there will be neither lasting peace and stability for China nor long-term prosperity and stability for Hong Kong. "One country, two systems" will also lose its very foundation. Things have got especially intense following last year's turbulence over the amendment bill. With the support of external forces, pro-independence elements and radical localists’ acts of violence and terrorism have escalated. The situation seriously threatens China's sovereignty, unity and territorial integrity, jeopardizes China’s national security, as well as government power and public security in the Hong Kong SAR, and challenges the red line of the "one country, two systems" principle. It has exposed a notable legal gap and flaws when it comes to safeguarding national security in the Hong Kong SAR. At a time when national security in the Hong Kong SAR faces a real threat and gets seriously undermined, and when it becomes clear that the SAR government can hardly complete the required legislation by itself, the NPC has no choice but to come forward and act decisively at the State level to establish and improve a legal framework and enforcement mechanism for safeguarding national security in Hong Kong. Under the current circumstances, this must be done and done quickly to provide a fundamental guarantee for the long-term smooth implementation of "one country, two systems".

Second, the NPC decision is in keeping with the relevant provisions in China's Constitution and the Basic Law. It therefore has a solid legal footing and supreme legal authority. In all countries, unitary and federal alike, only the State legislature has the legislative power on issues concerning national security. The NPC is China's highest authority and the highest legislative body. Both the Chinese Constitution and the Basic Law of the Hong Kong SAR are formulated by the NPC. Article 23 of the Basic Law gives the SAR government authority to enact laws on its own to prohibit seven kinds of acts undermining national security, This is a special arrangement made pursuant to "one country, two systems". It does not change the fact that only the State legislature has the legislative power on issues concerning national security, The NPC and its Standing Committee have both authority and responsibility to fulfill their constitutional duty of safeguarding national security in light of the evolving situation and actual needs of the Hong Kong SAR. Such constitutional responsibility includes legislation on national security with regard to the SAR, and steady development of the relevant legal framework and enforcement mechanism. According to Article 31 of the Constitution, "The State may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress in the light of specific conditions." As a way for the NPC to prescribe by law the system instituted in Hong Kong, the decision, once adopted, will have the supreme authority and binding force, It will also be an embodiment of how the NPC exercises its supervisory power over the implementation of the Basic Law, and how it works to fill the legal gap for safeguarding national security in Hong Kong and put in place the relevant enforcement mechanism.

Question: Will the decision mentioned above affect the autonomy in Hong Kong or the rights and freedoms of Hong Kong residents?

Answer: National security is not in the purview of the SAR's autonomy. The NPC decision will not affect the high degree of autonomy in the SAR. The NPC decision is targeted at a narrow category of acts that seriously jeopardize national security. It does not affect the high degree of autonomy in Hong Kong or the rights and freedoms enjoyed by Hong Kong residents. According to the Constitution and the Basic Law, safeguarding national sovereignty, security and development interests is the shared responsibility and statutory obligation of all Chinese, Hong Kong compatriots included. The decision has targeted actions that gravely jeopardize national security, including secession of the country, subversion of State power, and organizing and committing acts of terrorism, and activities of foreign interference in SAR affairs. It aims to deter and punish the few "Hong Kong independence" elements and perpetrators of violence seeking to endanger national security. It will serve to protect the overwhelming majority of law-abiding Hong Kong residents. Since Hong Kong's return to the motherland, its residents have enjoyed more extensive rights and freedoms than at any time in history. Yet rights and freedoms are not without limits. Out of the need to protect national security, public security, public order, and other people's rights and freedoms, reasonable and necessary limits can be codified on the exercise of rights. The NPC decision is an example of the rule-of-law principle. It is made precisely for Hong Kong residents to better enjoy and exercise their statutory rights and freedoms.

Question: According to media reports, the US Government is considering imposing sanctions on China as a response to the Hong Kong-related national security legislation. Do you have any comment on this?

Answer: Hong Kong is a special administrative region of China. It is a local administrative region that comes directly under the Central People's Government of China. The legislation on safeguarding national security in the SAR is purely a matter of China's internal affairs, something that no foreign country has the right to interfere in. Non-interference, as a basic norm of international relations, must be observed by all countries. In response to the erroneous practices of external intervention, we will take necessary countermeasures.