China national security law won’t apply to Hong Kong, says top Basic Law official

China’s new national security law would not apply to Hong Kong as it is merely “framework legislation”, Basic Law vice-chairwoman Elsie Leung Oi-sie said today.

The remarks by the former secretary for justice came a day after the national legislature passed the sweeping and controversial legislation, which critics worried could curb civil liberties and basic freedoms in the city,

But Leung dismissed fears that the law would pose a threat to Hongkongers.

“The national security law is not going to apply to Hong Kong as it is not included in Annex 3 [of the Basic Law],” said Leung, after attending the regular meeting of the think tank Our Hong Kong Foundation, led by former chief executive Tung Chee-hwa. “It is just a framework legislation.”

Article 18 of the Basic Law says “national laws shall not be applied in Hong Kong” except for those listed in Annex 3 of the mini-constitution, while those which can be added to Annex 3 are confined to defence, foreign affairs and other matters outside the limits of Hong Kong’s autonomy.

The city’s mini-constitution had its own provision on national security law, Leung said, referring to Article 23, which states that the Hong Kong government shall enact laws on its own to prohibit any act of treason, secession, sedition, or subversion against the central government.