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Leung Chun-ying (CY Leung)
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Tung Chee-hwa, speaking yesterday, is the first former chief executive to remark on an incumbent's annual policy address. Photo: Sam Tsang

National security laws have place in Hong Kong, says former chief executive Tung Chee-hwa

Citing Basic Law, ex-chief executive urges locals to face up to reality and not be 'outsiders'

Hongkongers should stop acting like "outsiders" in their own homeland and start appreciating the importance of national security, the city's first chief executive, Tung Chee-hwa, said in rare remarks about controversial laws seen to be behind his premature resignation in 2005.

Beijing had the power to introduce mainland laws into Hong Kong, but whether it would do so was another matter, said Tung, now vice-chairman of the Chinese People's Political Consultative Conference, the nation's top advisory body.

He was responding to a suggestion by Stanley Ng Chau-pei, a local deputy to the national legislature, at the weekend to apply the mainland's tough security laws to the city.

READ MORE: No need to apply national security laws to Hong Kong, top Basic Law Committee member says

But Chief Executive Leung Chun-ying reiterated his government had no plan to enact national security legislation.

Also yesterday, Basic Law expert Albert Chen Hung-yee said the mainland's security laws "were probably deemed not applicable to Hong Kong" when the mini-constitution was drafted.

Tung brought up the topic in the first comments ever by a former chief executive on a current leader's annual policy address.

Speaking in his third media conference since September, the 77-year-old said it was only a matter of time before the city would draw up its own national security laws, as Article 23 in the Basic Law required it to pass legislation prohibiting acts of "treason, secession, sedition, or subversion".

He said: "Our nation is starting to become strong, and its importance is growing on the international arena. From a Hong Kong perspective, we cannot act like outsiders. We should know this is important, and we have to make the legislation one day."

In 2003, Tung's administration backed down from initially stubborn attempts to pass Article 23 after public anger reached a climax on July 1 that year, with half a million Hongkongers taking to the streets. The bill was eventually shelved and the unprecedented rally was believed to have been a key trigger for Tung's resignation in March 2005.

Last week, Leung drew flak for taking on the University of Hong Kong's student magazine for publishing articles about Hong Kong "self-determination". Tung said that, were he in Leung's shoes, he would have done the same because the students' opinions were "worrying". "It was necessary … because national sovereignty cannot be infringed, and national security cannot be compromised."

Apparently referring to Article 18 of the Basic Law, Tung added: "The central government has the power to introduce mainland laws into Hong Kong. Whether to exercise it or not, what the scope is, and whether it is appropriate, are separate questions, but the legal ground is there."

But Tung appeared reluctant to talk about the proposal from Stanley Ng that mainland security laws should be applied to the city by amending a Basic Law annex.

On Sunday, Ng, chairman of the Federation of Trade Unions, raised eyebrows by saying he and other deputies to the National People's Congress would suggest incorporating those laws into the Basic Law, in view of the impact of the 79-day Occupy Central civil disobedience movement that ended last month.

His idea was met with doubts from both friends and foes.

Ma Fung-kwok, Ng's colleague in the NPC, said the city's 36 deputies had not discussed the suggestion.

Another deputy, Michael Tien Puk-sun, opposed Ng's idea as it would create more worries in society.

Albert Chen, a Basic Law Committee member and University of Hong Kong law professor, told DBC radio the mainland's "national security laws … were rather stringent. [There is] no need at this stage to put in place national security laws".

In the pan-democratic camp, the Civic Party's legal-sector lawmaker, Dennis Kwok, said Ng had misinterpreted the mini-constitution.

Citing Article 18, Kwok said only national laws related to "defence and foreign affairs, as well as other matters outside the limits of autonomy" could be applied in Hong Kong by listing them on the annex of the city's mini-constitution.

Since Article 23 specified a national security law should be enacted by Hong Kong "on its own", it should be regarded as a domestic matter within the city's "limits of autonomy" and could not be applied under Article 18.

But FTU lawmaker Wong Kwok-kin believed the national security law could be seen as "defence-related". He said: "The political reality has to be considered … but if there is a real need to do so, the technical problems can be solved."

This article appeared in the South China Morning Post print edition as: National security laws have place in HK, Tung says
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