'National Security Was Never Part Of HK's Autonomy'

Justice Secretary Teresa Cheng insisted on Tuesday that national security was "never part of Hong Kong’s autonomy", as she explained why Beijing has the right to impose new legislation on the SAR and condemned those "trying to smear and vilify" the move.

In a blog article entitled "Correctly Understanding the National Security Legislation from the Perspective of the Constitutional Order", Cheng set out why the issue is a matter for the central government and why Beijing is justified in taking action.

She cites articles 57 and 58 of the Chinese Constitution to explain that the National People's Congress is the highest organ of state power in China, and along with its standing committee, it exercises legislative power of the state to introduce laws.

As to whether this power covers national security, Cheng said "the answer is a clear yes", as it affects the whole country and falls squarely within the purview of the central authorities.

"National security is never part of Hong Kong’s autonomy. As such, the national security legislation to be enacted by the NPCSC is obviously within the ambit of 'defence and foreign affairs as well as other matters outside the limits of the autonomy of the [HKSAR]', as under Article 18(3) of the Basic Law."

Cheng also said that just because Article 23 of the Basic Law states that Hong Kong shall enact its own national security law, this doesn't stop Beijing from doing so as well.

"Any right minded person can conclude that the enactment of the national security law by the NPCSC and the addition of such law to Annex III of the Basic Law to be promulgated by the HKSAR is in compliance with Article 18(3) and is not in any way in conflict with Article 23 of the Basic Law," she said.

The justice secretary also hit out at what she described as "unwarranted speculation" about exactly what the new law will entail.

"Unfortunately, some have apparently and perhaps misguidedly tried to smear and vilify the draft decision as well as the national security legislation to be enacted by the NPCSC as representing 'the death of One Country, Two Systems'. Such an assertion does not stand legal scrutiny," she said.