Lecture 8: One Country, Two Systems (II) PDF

Lecture 8 One Country, Two Systems (II) 1  All course materials, including anything accessible on Moodle, should not be circulated without the instructor’s permission.  All materials are solely for academic purposes.  Important Notice: The inform...

Lecture 8 One Country, Two Systems (II) 1  All course materials, including anything accessible on Moodle, should not be circulated without the instructor’s permission.  All materials are solely for academic purposes.  Important Notice: The information contained in this teaching material has no legal status, and is made available for information only. 2 1. The Basic Law 2. The Concept of the State 3. The Concept of National Security 4. OCTS and National Security 5. The HKNSL & Article 23 3  Three important concepts 1. One Country, Two Systems 2. A high degree of autonomy 3. Hong Kong People administering Hong Kong 4 One Country (Some important Articles in the BL: The list below is not exhaustive. Please refer to the Basic Law for more details):  Article 1: The Hong Kong Special Administrative Region is an inalienable part of the People’s Republic of China.  Article 2: The National People’s Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of this Law.  Article 12: The Hong Kong Special Administrative Region shall be a local administrative region of the People’s Republic of China, which shall enjoy a high degree of autonomy and come directly under the Central People’s Government.  Article 158 (1st paragraph): The power of interpretation of this Law shall be vested in the Standing Committee of the National People’s Congress.  Article 159 (1st paragraph): The power of amendment of this Law shall be vested in the National People’s Congress. 5 Elements of the Basic Law which demonstrate Two Systems and a high degree of autonomy (according to Professor Albert Chen, 2021, pp. 67- 68)  “More than 95 percent of the laws enacted by the national legislature (the NPC and NPCSC) are not applicable to the HKSAR, in which the pre-existing common law system is preserved.”  The only national laws that apply to Hong Kong are listed in Annex III to the Basic Law. There are 14 such laws at the moment, including the Nationality Law, National Flag Law, National Anthem Law, Law on the Territorial Sea, Law on the Garrisoning of the HKSAR, Law on Safeguarding National Security in the HKSAR, etc.” 6 Two Systems and a high degree of autonomy (Chen, 2021, pp. 67-68) (cont’d)  “Hong Kong residents do not have to pay any tax to the Central Government, and the tax which they pay to the HKSAR Government will be used for the HKSAR exclusively – no part of it has to be handed over to the Central Government.”  “The HKSAR can continue to have and issue its own currency, the Hong Kong dollar.”  “The HKSAR can control and regulate entry and exit of persons into and out of the HKSAR.”  “The HKSAR is a customs territory (關稅區) separate from other parts of China.”  “The HKSAR, using the name ‘Hong Kong, China’, can enter into economic and cultural relations with other countries and participate in some international organisations (such as the World Trade Organization or WTO) whose membership is not restricted to sovereign states. The Basic Law authorises the HKSAR Government to handle certain ‘external affairs’ even though, generally speaking, ‘foreign affairs’ are within the power of the Central Government.” 7 Hong Kong people administering Hong Kong (Some important Articles in the BL: The list below is not exhaustive. Please refer to the Basic Law for more details):  Article 44: The Chief Executive of the Hong Kong Special Administrative Region shall be: ▪ a Chinese citizen of not less than 40 years of age ▪ who is a permanent resident of the Region ▪ with no right of abode in any foreign country and ▪ has ordinarily resided in Hong Kong for a continuous period of not less than 20 years.  Article 55 (2nd paragraph): Members of the Executive Council of the Hong Kong Special Administrative Region shall be: ▪ Chinese citizens who are permanent residents of the Region with no right of abode in any foreign country. 8  According to Heywood (2019, p. 59), the state, as a general concept, has five features, which demonstrate that the state is the basic unit of the lives of people and governance: 1. “The state is sovereign. It exercises absolute and unrestricted power, in that it stands above all other associations and groups in society.” 2. “State institutions are recognizably ‘public’, in contrast to the ‘private’ institutions of civil society. Public bodies are responsible for making and enforcing collective decisions, while private bodies, such as families, private businesses and trade unions, exist to satisfy individual interests.” 3. “The state is an exercise in legitimation. The decisions of the state are usually … accepted as binding on the members of society because … they are made in the public interest, or for the common good; the state supposedly reflects the permanent interests of society.” 4. “State authority is backed up by coercion; the state must have the capacity to ensure that its laws are obeyed and that transgressors are punished.” 5. “The state is a territorial association. The jurisdiction of the state is geographically defined, and it encompasses all those who live within the state’s borders, whether they are citizens or non-citizens. On the international stage, the state is therefore regarded (at least, in theory) as an autonomous entity.” 9 Meaning of National Security (Article 2 of the NSL of the PRC)  On 1 July 2015, the National Security Law of the People’s Republic of China was adopted at the 15th Session of the Standing Committee of the 12th National People’s Congress.  “According to the National Security Law of the People's Republic of China, national security refers to a status in which the regime, sovereignty, unity, territorial integrity, welfare of the people, sustainable economic and social development, and other major interests of the nation are relatively free from danger and internal or external threats, and are able to maintain a sustained status of security” (Education Bureau of the HKSARG, 2021). 10 Holistic View of National Security  The concept of a “holistic view of national security” was first introduced at the 1st general meeting of the National Security Commission in April 2014 (HKSARG, 2021).  The holistic view of national security “encompasses over ten major fields, including political security, homeland security, military security, economic security, cultural security, public security, science and technology security, cyber security, ecological security, resource security, nuclear security, overseas interests security, and some emerging fields like biosecurity, outer space security, deep sea security and polar security. The holistic view of national security stresses the need to construe and put into practice national security from a macro perspective and in a holistic manner” (HKSARG, 2021). (HKSARG, 2021) 11 Holistic View of National Security (cont’d) “The five essential elements of the holistic view of national security are: 1. regarding the people’s security as the ultimate goal, 2. achieving political security as the fundamental task, 3. taking economic security as the foundation, 4. with military, science and technology, cultural and public security as means of guarantee, 5. and promoting international security so as to establish a national security system (HKSARG, 2021) with Chinese characteristics” (HKSARG, 2021). 12 Holistic View of National Security (cont’d) (HKSARG, 2021)  Five pairs of relationships of the holistic view: An interrelated system 13  Major fields of national security (HKSARG, 2021): 14 Major fields of national security (HKSARG, 2021)  Political Security & Homeland Security: for examples, territorial integrity and the security of regimes and fundamental institutions.  Military Security: for example, national defence.  Public Security: for examples, public health, public safety, terrorism, public emergency, etc.  Cyber Security: for examples, information and data security.  Economic Security: for examples, the security of economic institutions, economic order, economic development, etc. 15 Major fields of national security (HKSARG, 2021)  Nuclear Security: for examples, the security of nuclear material, facilities, and so on. ▪ International Nuclear and Radiological Event Scale (INES): The INES was introduced by the International Atomic Energy Agency (IAEA) to enable prompt communication of safety significance information in case of nuclear accidents and radiological incidents and accidents (Daya Bay Contingency Plan of HKSAR, 2012). ▪ Levels 1 to 3 are called "incidents". ▪ Levels 4 to 7 are called "accidents". 16 Major fields of national security (HKSARG, 2021)  Science and Technology Security: for examples, scientific education, scientific facilities and achievements, and so on.  Ecological Security: for examples, climate change, carbon neutrality, and so on.  Cultural Security: values, cultural confidence, language and writing systems, cultural heritage and so on.  Resource Security: for examples, the security of renewable and non- renewable energy, oil security, natural gas security, water security. 17 Major fields of national security (HKSARG, 2021)  Biosecurity: for example, Biosecurity Law of the People's Republic of China came into force on 15 April 2021.  “The Law shall govern the activities as scribed in Article 2, including: ▪ (1) Preventing and controlling a major new or sudden outbreak of an infectious disease or an epidemic in animals or plants; ▪ (2) Researching, developing, and applying biotechnology; ▪ (3) Biosecurity management of pathogenic microbe laboratories; ▪ (4) Biosecurity management of human genetic resources and biological resources; ▪ (5) Preventing the invasion of alien species and protecting biodiversity; ▪ (6) Responding to antimicrobial resistance; ▪ (7) Preventing biological terrorist attacks and defending against biological weapon threats; etc.” (UN environment programme, 2020) 18 Major fields of national security (HKSARG, 2021)  Overseas Interests Security: for examples, the security of overseas Chinese citizens, organizations, and business corporations’ legitimate rights and interests. Another example is the Consular Protection and Services of the Ministry of Foreign Affairs of the PRC.  Outer Space Security, Deep Sea Security, and Polar Security: for example, Article 32 of the National Security Law of the PRC: ▪ “The State persists in the peaceful exploration and use of outer space, international seabed areas and polar regions, increasing capacity for safe passage, scientific investigation, development and exploitation; strengthening international cooperation, and preserving the security of our nation's activities and assets in outer space, seabed areas and polar regions, and other interests” (unofficial translation from China Law Translate, 2015). ▪ “國家堅持和平探索和利用外太空、國際海底區域和極地，增強安全進出、科學考 察、開發利用的能力，加強國際合作，維護我國在外太空、國際海底區域和極地的 活動、資產和其他利益的安全。” 19 National Security and the Basic Law (Some important Articles in the Basic Law: The list below is not exhaustive. Please refer to the Basic Law for more details):  Preamble (in 2nd paragraph): Upholding national unity and territorial integrity, maintaining the prosperity and stability of Hong Kong, and taking account of its history and realities, the People’s Republic of China has decided that upon China’s resumption of the exercise of sovereignty over Hong Kong, a Hong Kong Special Administrative Region will be established in accordance with the provisions of Article 31 of the Constitution of the People’s Republic of China, and that under the principle of “one country, two systems”, the socialist system and policies will not be practised in Hong Kong.  Article 13: The Central People’s Government shall be responsible for the foreign affairs relating to the Hong Kong Special Administrative Region. The Ministry of Foreign Affairs of the People’s Republic of China shall establish an office in Hong Kong to deal with foreign affairs. The Central People’s Government authorizes the Hong Kong Special Administrative Region to conduct relevant external affairs on its own in accordance with this Law.  Article 14 (1st paragraph): The Central People’s Government shall be responsible for the defence of the Hong Kong Special Administrative Region. 20 National Security and the Basic Law (cont’d)  Article 23: The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People’s Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies.  Annex III: The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region 21  Similarities and differences between Article 23 & HKNSL Article 23 of the Basic Law HKNSL 1. Treason 1. Secession 2. Secession 2. Subversion 3. Sedition 3. Terrorist activities 4. Subversion 4. Collusion with a foreign country or 5. Theft of state secrets with external elements to endanger 6. Foreign political organizations or national security bodies conducting political activities in the Region 7. Political organizations or bodies of the Region establishing ties with foreign political organizations or bodies  Article 7 of the HKNSL: The Hong Kong Special Administrative Region shall complete, as early as possible, legislation for safeguarding national security as stipulated in the Basic Law of the Hong Kong Special Administrative Region and shall refine relevant laws. 22  “The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region” (HKNSL)  Came into effect at 23:00 on 30 June 2020.  Four Offences: 1. Secession 2. Subversion 3. Terrorist Activities 4. Collusion with a Foreign Country or with External Elements to Endanger National Security 23  Secession (Article 20 and 21 of the HKNSL) Article 20: A person who organises, plans, commits or participates in any of the following acts, whether or not by force or threat of force, with a view to committing secession or undermining national unification shall be guilty of an offence: (1) separating the Hong Kong Special Administrative Region or any other part of the People’s Republic of China from the People’s Republic of China; (2) altering by unlawful means the legal status of the Hong Kong Special Administrative Region or of any other part of the People’s Republic of China; or (3) surrendering the Hong Kong Special Administrative Region or any other part of the People’s Republic of China to a foreign country. 24  Subversion (Article 22 and 23 of the HKNSL) Article 22: A person who organises, plans, commits or participates in any of the following acts by force or threat of force or other unlawful means with a view to subverting the State power shall be guilty of an offence: (1) overthrowing or undermining the basic system of the People’s Republic of China established by the Constitution of the People’s Republic of China; (2) overthrowing the body of central power of the People’s Republic of China or the body of power of the Hong Kong Special Administrative Region; (3) seriously interfering in, disrupting, or undermining the performance of duties and functions in accordance with the law by the body of central power of the People’s Republic of China or the body of power of the Hong Kong Special Administrative Region; or (4) attacking or damaging the premises and facilities used by the body of power of the Hong Kong Special Administrative Region to perform its duties and functions, rendering it incapable of performing its normal duties and functions. 25  Terrorist Activities (Article 24, 25, 26, 27) Article 24: A person who organises, plans, commits, participates in or threatens to commit any of the following terrorist activities causing or intended to cause grave harm to the society with a view to coercing the Central People’s Government, the Government of the Hong Kong Special Administrative Region or an international organisation or intimidating the public in order to pursue political agenda shall be guilty of an offence: (1) serious violence against a person or persons; (2) explosion, arson, or dissemination of poisonous or radioactive substances, pathogens of infectious diseases or other substances; (3) sabotage of means of transport, transport facilities, electric power or gas facilities, or other combustible or explosible facilities; (4) serious interruption or sabotage of electronic control systems for providing and managing public services such as water, electric power, gas, transport, telecommunications and the internet; or (5) other dangerous activities which seriously jeopardise public health, safety or security. 26  Terrorist Activities (Article 24, 25, 26, 27) Article 25: A person who organises or takes charge of a terrorist organisation shall be guilty of an offence. Article 26: A person who provides support, assistance or facility such as training, weapons, information, funds, supplies, labour, transport, technologies or venues to a terrorist organisation or a terrorist, or for the commission of a terrorist activity; or manufactures or illegally possesses substances such as explosive, poisonous or radioactive substances and pathogens of infectious diseases or uses other means to prepare for the commission of a terrorist activity, shall be guilty of an offence. Article 27: A person who advocates terrorism or incites the commission of a terrorist activity shall be guilty of an offence. 27  Collusion with a Foreign Country or with External Elements to Endanger National Security (Article 29 and 30) Article 29: A person who steals, spies, obtains with payment, or unlawfully provides State secrets or intelligence concerning national security for a foreign country or an institution, organisation or individual outside the mainland, Hong Kong, and Macao of the People’s Republic of China shall be guilty of an offence; a person who requests a foreign country or an institution, organisation or individual outside the mainland, Hong Kong, and Macao of the People’s Republic of China, or conspires with a foreign country or an institution, organisation or individual outside the mainland, Hong Kong, and Macao of the People’s Republic of China, or directly or indirectly receives instructions, control, funding or other kinds of support from a foreign country or an institution, organisation or individual outside the mainland, Hong Kong, and Macao of the People’s Republic of China, to commit any of the following acts shall be guilty of an offence: 28  Article 29 (1) waging a war against the People’s Republic of China, or using or threatening to use force to seriously undermine the sovereignty, unification and territorial integrity of the People’s Republic of China; (2) seriously disrupting the formulation and implementation of laws or policies by the Government of the Hong Kong Special Administrative Region or by the Central People’s Government, which is likely to cause serious consequences; (3) rigging or undermining an election in the Hong Kong Special Administrative Region, which is likely to cause serious consequences; (4) imposing sanctions or blockade, or engaging in other hostile activities against the Hong Kong Special Administrative Region or the People’s Republic of China; or (5) provoking by unlawful means hatred among Hong Kong residents towards the Central People’s Government or the Government of the Region, which is likely to cause serious consequences. 29  Local legislation (Safeguarding National Security Ordinance)  The HKNSL is a national law applies to the HKSAR, while the “Safeguarding National Security Ordinance” is a local legislation in HKSAR.  The Ordinance took effect on March 23, 2024.  Major Offences (From Part 2 to Part 6 – following pages for brief summary; please refer to the ordinance for full content): 1. Treason etc. (Part 2) 2. Insurrection, Incitement to Mutiny and Disaffection, and Acts with Seditious Intention, etc. (Part 3) 3. Offences in connection with State Secrets and Espionage (Part 4) 4. Sabotage Endangering National Security etc. (Part 5) 5. External Interference Endangering National Security and Organizations Engaging in Activities Endangering National Security (Part 6) 30 Main Offences under the Ordinance (HKSARG, 2024) 1) Treason (Part 2) (HKSARG, 2024, p.2)  Introduce the offence of ‘treason’, covering acts such as the use or threat of force with intent to endanger national sovereignty, unity or territorial integrity.  Retain and amend the existing “treasonable offences” (i.e. the offence of “publicly manifest intent to commit offence of treason”).  Improve the existing offence of “unlawful drilling” to cover unlawful drilling involving an external force (with exceptions and transitional provisions provided). 2) Insurrection, Incitement to Mutiny and Disaffection, and Acts with Seditious Intention, etc (Part 3) (HKSARG, 2024, p. 2)  Introduce the offence of “insurrection”.  Improve the provisions relating to “incitement to mutiny” and “incitement to disaffection” under the existing Crimes Ordinance.  Improve the offences in connection with “seditious intention”. 31 Main Offences under the Ordinance (HKSARG, 2024) 3) Offences in connection with State Secrets and Espionage (Part 4) (HKSARG, 2024, pp. 2-3): State secrets  Provide a detailed definition of “state secret”  Introduce offences in connection with “unlawful acquisition”, “unlawful possession” and “unlawful disclosure”.  Introduce the offence of “unlawful disclosure of information etc. that appears to be confidential matter” to prohibit improper acts of disclosure by public officers or government contractors with intent to endanger national security.  Provide for a defence for making a “specified disclosure” based on public interest. Espionage  Improve the existing offences in connection with “espionage”.  Improve the existing provisions on “prohibited place”.  Introduce the offence of “participating in or supporting external intelligence organizations, or accepting advantages offered by them, etc.”. 32 Main Offences under the Ordinance (HKSARG, 2024) 4) Sabotage Endangering National Security etc. (Part 5) (HKSARG, 2024, p. 3)  Introduce the offence of “sabotage endangering national security”: To prohibit any person from damaging or weakening a public infrastructure with intent to endanger national security or being reckless as to whether national security would be endangered (with reference to similar offences in foreign countries such as the United Kingdom and Australia).  Introduce the offence of “doing acts endangering national security in relation to computers or electronic systems”: To prohibit any person from doing an act or activity endangering national security in relation to a computer or electronic system without lawful authority and with intent to endanger national security (with reference to similar offence in the United Kingdom). 33 Main Offences under the Ordinance (HKSARG, 2024) 5) External Interference and Organizations Engaging in Activities Endangering National Security (Part 6) (HKSARG, 2024, p. 3)  Introduce the offence of “external interference”: It is an offence to collaborate with an external force to do an act using improper means with intent to bring about an interference effect (with reference to similar offences in foreign countries such as the United Kingdom and Australia).  Improve and incorporate into the Bill the mechanism for prohibiting the operation of organizations endangering national security under the existing Societies Ordinance, as well as covering organizations which have a nexus with the HKSAR, irrespective of whether they are established in the HKSAR or have their chief place of business in the HKSAR. 34 Treason (Part 2 of Safeguarding National Security Ordinance): (1) A Chinese citizen who— (a) joins an external armed force that is at war with China, or is a part of the armed force; (b) with intent to prejudice the situation of China in a war, assists an enemy at war with China in a war; (c) levies war against China; (d)instigates a foreign country or an external armed force to invade China with force; or (e) with intent to endanger the sovereignty, unity or territorial integrity of China, uses force or threatens to use force, commits an offence and is liable on conviction on indictment to life imprisonment. (2) In this section— enemy at war with China (與中國交戰的敵方) includes a government of a foreign country or external armed force that is at war with China; external armed force (外來武裝力量) means an armed force that does not belong to China.  Publicly manifest intention to commit offence of treason  Unlawful drilling 35 Insurrection, Incitement to Mutiny and Disaffection, and Acts with Seditious Intention, etc. (Part 3) (a) a person joins an armed force, or is a part of an armed force, that is in an armed conflict with a Chinese armed force; (b) a person, with intent to prejudice the situation of a Chinese armed force in an armed conflict, assists an armed force (that armed force) that is in an armed conflict with a Chinese armed force, or assists the government, authority or organization to which that armed force belongs; (c) a person initiates armed conflict against a Chinese armed force; or (d) a person— (i) with intent to endanger the sovereignty, unity or territorial integrity of China or the public safety of the HKSAR as a whole; or (ii) being reckless as to whether the sovereignty, unity or territorial integrity of China, or the public safety of the HKSAR as a whole, would be endangered, does a violent act in the HKSAR, The person commits an offence and is liable on conviction on indictment to life imprisonment.  Incitement of members of Chinese armed force to mutiny  Assisting members of Chinese armed force to abandon duties or absent without leave  Inciting disaffection of public officers  Inciting disaffection of personnel of offices of Central Authorities in Hong Kong  Possession of documents or articles of incitement nature with intent to commit specified offence 36 Insurrection, Incitement to Mutiny and Disaffection, and Acts with Seditious Intention, etc. (Part 3) Acts with Seditious Intention etc.  Seditious intention (act, word, or publication) The intentions are as follows— (a) an intention to bring a Chinese citizen, Hong Kong permanent resident or a person in the HKSAR into hatred, contempt or disaffection against the following system or institution— (i) the fundamental system of the state established by the Constitution of the People’s Republic of China; (ii) a state institution under the Constitution of the People’s Republic of China; or (iii) the following offices of the Central Authorities in Hong Kong— (A) the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region; (B) the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region; (C) the Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China in the Hong Kong Special Administrative Region; or (D) the Hong Kong Garrison of the Chinese People’s Liberation Army; 37 Offences in connection with State Secrets and Espionage (Part 4)  Unlawful acquisition & possession of state secrets (a) knowing that any information, document or other article is or contains a state secret; or (b) having reasonable grounds to believe any information, document or other article is or contains a state secret, and with intent to endanger national security, and without lawful authority, acquires / possess the information, document or article.  Unlawful possession of state secrets when leaving HKSAR (as public officer)  Unlawful disclosure of state secrets ▪ If a specified person, without lawful authority, discloses any information, document or other article that is or contains a specified state secret and that is (or was) acquired or possessed by the person by virtue of the person’s specified capacity  Participating in or supporting external intelligence organizations, or accepting advantages offered by them, etc. 38 Offences in connection with State Secrets and Espionage (Part 4) Espionage  (1)A person commits an offence and is liable on conviction on indictment to imprisonment for 20 years if the person, with intent to endanger national security, does an act specified in subsection (2).  (2)The act is— (a) approaching, inspecting, passing over or under, entering or accessing a prohibited place, or being in the neighbourhood of a prohibited place (including doing such act by electronic or remote means); (b) causing an unmanned tool to approach, inspect, pass over or under, enter or access a prohibited place, or to be in the neighbourhood of a prohibited place (including doing such act by electronic or remote means); or (c)obtaining (including by interception of communication), collecting, recording, producing or possessing, or communicating to any other person, any information, document or other article that is calculated to be, or is intended to be, directly or indirectly useful to an external force. 39 Sabotage Endangering National Security etc. (Part 5) A person commits an offence if the person (a)with intent to endanger national security; or (b)being reckless as to whether national security would be endangered, 1. damages or weakens a public infrastructure. 2. colludes with an external force to damage or weaken a public infrastructure.  Doing acts endangering national security in relation to computers or electronic systems 40 External Interference Endangering National Security and Organizations Engaging in Activities Endangering National Security (Part 6)  External interference endangering national security A person who— (a) with intent to bring about an interference effect, collaborates with an external force to do an act; and (b) uses improper means when so doing the act, commits an offence and is liable on conviction on Indictment to imprisonment for 14 years.  Prohibition of participation in activities of prohibited organizations  Related offences: ▪ Allowing meetings of prohibited organizations to be held on premises ▪ Inciting etc. others to become members of prohibited organization ▪ Procuring subscription or aid for prohibited organizations ▪ Shadow organizations of prohibited organizations 41  The State is the basic unit of people’s lives and governance, as well as the basic unit of international politics.  The concept of “holistic view of national security” was first introduced in April 2014. It encompasses over ten major fields, including political security, homeland security, military security, economic security, cultural security, public security, science and technology security, cyber security, ecological security, resource security, nuclear security, overseas interests security, and some emerging fields like biosecurity, outer space security, deep sea security and polar security.  The HKNSL came into effect at 23:00 on 30 June, 2020. The Safeguarding National Security Ordinance (Article 23 of the Basic Law) took effect on 23 March, 2024. 42  Chen, A. H. Y. (2021). The changing legal orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems”. City University of Hong Kong  China Law Translate (2015). National Security Law. https://www.chinalawtranslate.com/en/2015nsl/  Daya Bay Contingency Plan of HKSAR (2012). Nuclear Emergency Management. https://www.dbcp.gov.hk/eng/safety/manage.html  Education Bureau of the HKSARG (2021). Curriculum framework of national security education in Hong Kong. https://www.edb.gov.hk/attachment/en/curriculum- development/kla/pshe/national-security-education/nse_framework_en.pdf  Heywood, A. (2019). Politics. 5th Edition. Red Globe Press.  Hong Kong e-Legislation (2024). Safeguarding National Security Ordinance. https://www.elegislation.gov.hk/hk/capA305  HKSARG (2020). The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region: Preserve One Country, Two Systems, Restore Stability. https://www.isd.gov.hk/nationalsecurity/eng/pdf/NSL_QnA_Book.pdf  HKSARG (2021). National Security Education Day 2021. https://www.nsed.gov.hk/?l=en  HKSARG (2024). Pamphlet on Safeguarding National Security Ordinance. https://www.sb.gov.hk/eng/bl23/doc/Pamphlet_EN.pdf  UN environment programme (2020). Biosecurity Law of the People's Republic of China. https://leap.unep.org/countries/cn/national-legislation/biosecurity-law-peoples-republic- china 43