F4 Citizenship and Social Development Past Paper PDF

# F4 Citizenship and Social Development ## Theme 1: Hong Kong Under "One Country, Two Systems" ### Topic J: The Meaning and Implementation of "One Country, Two Systems" ## Part D: Law of the People's Republic of China on Safeguarding National Security in the HKSAR (Hong Kong National Security Law) #...

# F4 Citizenship and Social Development ## Theme 1: Hong Kong Under "One Country, Two Systems" ### Topic J: The Meaning and Implementation of "One Country, Two Systems" ## Part D: Law of the People's Republic of China on Safeguarding National Security in the HKSAR (Hong Kong National Security Law) ### Learning Objectives - Understand an overview of the legislative background, enactment process, main content, and implementation of the National Security Law in Hong Kong - Understand the relationship between the National Security Law and promoting long-term development of Hong Kong: - Safeguarding the security of the country and Hong Kong; - Ensuring the implementation of "one country, two systems"; - Stabilising the social order - Understand the balance between the rule of law and human rights: - National security does not affect the rule of law in Hong Kong and the rights of Hong Kong residents in accordance with the law; - Hong Kong residents must abide by the law to safeguard national security and the rule of law. ### (1) Legislative Background and Enactment Process of the Hong Kong National Security Law (Textbook pp. 62-65) #### a. Constitutional Responsibility for National Security of PRC and HKSAR - Policy making with national security in mind - Central Authorities of the PRC: - According to China's Constitution, Central Authorities of the PRC have the obligation to safeguard national security in the whole of China. - Article 28 of the Constitution: Make laws/statutes/decisions to promote national security. - Overarching responsibility for (different ministries) and other state organs - Government of HKSAR - National Security Law (1993) - National Security Law of the PRC (2015) (based on the holistic concept of national security) - Functions: Formulate and implement national security strategies - Hong Kong has the obligation to maintain national security because: - It is a part of China (One Country, Two Systems) - HKSAR is directly linked to the Central People's Gov. - It is part of Chinese law. - Promote development of national security laws - Formulate policy directions for work about national security - Research solutions to important national security #### b. Why do we need a national security law specific for Hong Kong when there's already a law in effect in mainland China (The National Security Law of PRC 2015)? - **(i)** Actions that pose a threat to national security in Hong Kong need to be addressed through constitutional responsibility. - **(ii)** The Public Order Ordinance regulates public gatherings, meetings, assemblies, processions, etc. National Security was defined as territorial integrity and the independence of the PRC only. This is not sufficient. - **(iii)** Article 23 of the Basic Law has a wider coverage of acts threatening national security. Under the principle of "One Country, Two Systems", the National Security Law of China (2015) is not directly applied to Hong Kong. Therefore, a specific Hong Kong National Security Law is needed. - **(iv)** The legal systems and contexts between mainland China and Hong Kong differ, requiring a tailored law implementation. ### (III) Main Content of the Hong Kong National Security Law: Relevant Government Bodies/General Responsibilities of HKS: D E CS Theme - **T pic:** - Complete legislation for safeguarding national security (Article 23 of The Basic Law) - Fully enforce the National Security Law of HKSAR - Take necessary measures to strengthen public communication, guidance, supervision and regulation over matters concerning national security - Promote national security education (e.g. in schools and through media) - **Offic for Safeguarding National Security**: - Advise and supervise of the Central People's Government in IIKSAR (CPG Office on National Security) - Analyse and assess developments in safeguarding national security and making proposals on major strategies. - Oversee, guide, and provide support. - Submit reports to CPG regarding national security - Nominate/appoint/designate relevant individuals to key positions - Give approval to Financial Secretary who would appropriate funds for safeguarding national security. - Give approval to law enforcement when required e.g. authorize interception of communication and covert surveillance. - Issue certificate on whether an act involves national security or State secrets when such question arises in the court - Advise the Region to perform its national security - Designate a number of judges - **duties**: - Work and cooperate with the Judiciary to handle national security cases - Collect and analyse intelligence and - **HKSAR Committee for Safeguarding National Security**: - Consulting the HKSAR formulate policies, advance legal systems and enforcement - Coordinate significant operations - Chief Justice decisions. - Information concerning national security - Mainly consists of some principal officials like: - Chief Secretary for Administration - Financial Secretary - Secretary for Justice - Secretary for Judiciary (Courts of HK SAR) - **5. Handling cases concerning offence endangering national security in accordance with the:** - **(a)** Information sharing , operations - Security, the Commissioner of Police, etc.+ Head of the National I. trial cases independently in accordance Security Department of the Hong Kong Police Force to laws (e.g. HKNSL and laws in force in HK) - Commissioner of Police+ 1 Secretary for Justice: 2. trial - Coordination - Head of National - appoint prosecutors to the desired HKSAR or the Office, approval of the CPG). - The office to initiate investigation of these cases prosecution and adjudication done according to national laws of the People's Republic of China and by star.c organs (e_g. Supreme People's Court of PRC) - Responsible for deciding whether or not to prosecute security crimes (of suspect to court for trial) Jurisdiction over) - Endangering national security are handled in a fair and timely manner - Bail may be offered only if there is sufficient evidence that the arrested will not engage in activities endangering national security ## "I) Main Content of the Hong Kong National Security Law: Offences and Penalties" - Penalty: - Serious offenders: 10 years - life imprisonment - Offenders: 3-10 years - External elements shall be convicted and punished for the same offence - Causing seriously injury or significant loss of public or private property: - 0-years - life imprisonment; - Other circumstances: 3-10 years - Organizer/person-in-charge of terrorist organizations: not less than 10-years - life imprisonment+ confiscation of property - Active participants: up to 10 years+ fine; Other participants: 3 years + fine - Serious offenders: 5-10 years; Minor offenders: < 5 years + fine - Penalty: - Principal / Serious offenders: 1 0 years - life imprisonment - Active participants: 3-1 0 years - Other participants: up to 3 years - Inciters, assistants, funders (Serious): 5-10 years - Inciters, assistants, funders (minor): up to 5 years - Other provisions on penalty: - Operation of companies or organizations will be suspended + license/ business permit revoked+ criminal fine, - National security law offenders will be disqualified from standing as a candidate in elections (e.g. Legco election)/ holdin2 public office/ removed from public office ## (IV) Balance between Safeguarding National Security and Protection of Human Right by Upholding The Rule of Law (Textbook p. 67) - The rule of law protects the legal rights of the arrestees (Article 5 ofHKNSL) - Conviction and sentencing of crimes should be in accordance with the law. The public will not be prosecuted arbitrarily by the authorities. - Presumption of innocence: A person is presumed innocent until convicted by a judicial body. The prosecution must prove guilty beyond reasonable doubt. - Protecting the rights in judicial proceedings: Right to defence; Right to seek professional legal advice and employ a fence lawyer - No one shall be tried or punished again for an offence for which he or she has already been finally convicted or acquitted in judicial proceedings - Offences before the enactment of the law will not be prosecuted - The HKSAR Government shall protect and respect human rights, including: the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration, which the residents of the HKSAR enjoy under the Basic Law and the provisions of the International Covenant on Civil and Political Rights, as well as the International Covenant on Economic, Social and Cultural Rights. ## (V) Functions of the National Security Law for the HKSAR (Textbook p. 66) - Safeguarding the security of the country and Hong Kong. - The enactment of the National Security Law has established a mechanism for safeguarding national security in the HKSAR. It affirms the leading, guiding and dominant role of the Central Authorities in national security affairs, and also clarifies the duties of the HKSAR. - Ensuring the implementation of "one country, two systems". - Safeguarding the security of state sovereignty and territorial integrity is a prerequisite for implementing "one country, two systems." The Central Authorities has enacted the National Security Law for the HKSAR according to actual circumstances rather than directly enforcing the national security law of the Mainland in the HKSAR. - Maintaining social stability by preventing, suppressing and punishing four categories of offences.