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Two Sessions 2020: mainland Chinese agents possibly enforcing new national security legislation will not be above Hong Kong law, senior advisers to Beijing say

  • Advisers on Basic Law seek to reassure worried public amid concerns over role to be played by representatives of central government authorities
  • But it is too early to predict whether such agencies would be given power to enforce the law in Hong Kong

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The new national security law will prohibit secessionist and subversive activity as well as foreign interference and terrorism in Hong Kong. Pictured is the Court of Final Appeal in Central. Photo: Sam Tsang

Senior advisers to Beijing on Hong Kong’s mini-constitution have sought to reassure a worried public that mainland Chinese agents possibly enforcing new national security legislation in the city will not be above local law.

They were responding to concerns raised by some lawyers, politicians and others about the role of such agents, with the resolution tabled to the National People’s Congress on Friday stating that the central government’s relevant authorities enforcing national security would set up agencies in Hong Kong “when needed”.

The new law would prohibit secessionist and subversive activity as well as foreign interference and terrorism in Hong Kong.

Elsie Leung Oi-sie, former vice-chairwoman of the Basic Law Committee which advises the national legislature on the city’s mini-constitution, told the Post the mainland agents in question would be subject to both Hong Kong and national laws when performing their duties in the city.

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“Officers of the PLA Hong Kong garrison abide by Hong Kong laws. The situation would be similar for those officers of the mainland’s national security authorities when they work in Hong Kong,” she said.

The NPC is expected to vote on the resolution at the end of the annual session, which is likely to be on May 28. The resolution will then be forwarded to the NPC Standing Committee, China’s top legislative body, to chart the actual details of the legislation.

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Former justice secretary Elsie Leung Oi-sie says mainland agents will be subject to both Hong Kong and national laws when performing their duties in the city. Photo: Felix Wong
Former justice secretary Elsie Leung Oi-sie says mainland agents will be subject to both Hong Kong and national laws when performing their duties in the city. Photo: Felix Wong
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