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Hong Kong national security law
Hong KongPolitics

National security law: questions raised over Beijing’s sweeping powers, as critics point to new agency, role of adviser in commission

  • Lawyers argue new agency will have power over Hong Kong leader and cooperation mechanism with judiciary risks dealing a blow to rule of law
  • But advocates say move is necessary as national security issues go beyond the scope of the Hong Kong authorities

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The National People’s Congress Standing Committee will meet in Beijing between June 28 and 30. Photo: Getty Images
Kimmy Chung
Lawyers and critics have questioned Beijing’s sweeping powers in Hong Kong’s new national security law, as they pointed to the provision for a mainland agency in the city and an adviser to a new commission to be led by the city’s leader.

They argued that the agency, to be called the “Office of the National Security Commissioner of the People’s Republic of China in the Hong Kong Special Administrative Region”, would have power over the chief executive, and a cooperation mechanism it must establish with the judiciary risked dealing a serious blow to the city’s autonomy and rule of law.

But pro-Beijing advisers said it was necessary for the central government to set up the dual safeguards – the mainland agency and local commission – as national security issues went beyond the scope of the Hong Kong authorities.

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As news emerged over the weekend that Beijing was likely to pass the law as early as at the end of June, legal scholars and lawmakers alike were trying to decipher the details of the new legislation as provided by a press statement issued by state news agency Xinhua.
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On Saturday, Xinhua said that the law would be overseen by a commission led by the city’s chief executive and supervised by Beijing.

Less than 24 hours later, it announced that the National People’s Congress Standing Committee, the country’s top legislative body, would meet again from June 28 to 30. The body had concluded its previous three-day meeting deliberating on laws – including the new national security legislation – on Saturday morning.

Under Beijing’s plan, the agency would be formed to “monitor, supervise, coordinate and support” the local administration in defending national security, according to Xinhua. It should establish a mechanism with the local enforcement and judicial departments that were tasked with safeguarding national security, to strengthen the sharing of information and cooperation, a draft of the law said.

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