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OpinionLetters

Letters | Dual mechanism of national security law exemplifies ‘one country, two systems’

  • Readers discuss the enforcement of the national security law in Hong Kong, and gig workers’ rights

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A banner at the Cross-Harbour Tunnel in Causeway Bay promotes national security. Photo: Sam Tsang
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In his speech delivered last Friday in Beijing, Mr Xia Baolong, director of the Hong Kong and Macau Affairs Office, described the enforcement arrangement for the national security law as a “dual enforcement mechanism”, where the central government bears the fundamental responsibility for safeguarding national security, while the Committee for Safeguarding National Security assumes the primary responsibility for implementing the national security law in Hong Kong.

The dual mechanism is perhaps the most unique feature of the national security law, for so far no other national law promulgated in Hong Kong requires enforcement by the central government. Under the dual mechanism, the ultimate power of making, enforcing and adjudicating in the national security law belongs to Beijing. The national security committee is authorised by the central government to maintain national security and implement the national security law in Hong Kong.

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Mr Xia made it clear that the central government would only step in when the issue cannot be solved by the national security committee and the Hong Kong Special Administrative Region, which means that any other issue related to national security in Hong Kong remains the concern of the national security committee. The arrangement shows the central government’s high degree of trust in the Hong Kong government’s ability to safeguard national security in the region.

The spirit is in line with the latest interpretation of the national security law by the Standing Committee of the National People’s Congress (NPC). In response to the chief executive’s request for interpretation, and a clear answer to the question of overseas lawyers’ eligibility to participate in national security cases, the NPC Standing Committee simply made reference to the relevant articles of the national security law and left it to the chief executive to decide.
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It should be pointed out that under the dual enforcement mechanism, the national security committee is enforcing the national security law on behalf of the central government. This explains the overriding status of its decision.

The dual enforcement mechanism demonstrates that maintaining national security in the SAR requires joint efforts by Hong Kong and Beijing. It is a prime example of the organic combination of the “one country” and the “two systems” perspectives for the betterment of Hong Kong.

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