The Safeguarding of National Security Ordinance of the Hong Kong Special Administrative Region (HKSAR) came into effect in the Gazette on 23 March this year. Nearly 27 years after the return to the motherland, the HKSAR has finally fulfilled its constitutional responsibility of enacting locally under Article 23 of the Basic Law of Hong Kong. What are the challenges in the legislative process? Has the shortcomings in safeguarding national security been completely filled? Why do the general public not need to worry about accidentally violating the law? Tang Pingqiang, the chief official of the legislative department and secretary for security of the Hong Kong Special Administrative Region Government, recently gave an authoritative response in an exclusive interview with the "Hong Kong and Macao Meeting Room" of China News Network.
Chinanews: Looking back at the local legislation on Article 23 of the Basic Law of Hong Kong, what do you think is the most challenging part, and what is the significance of completing the legislation for Hong Kong?
Tang Bingqiang: I think there are two parts that are actually very challenging. The first is a race against time, because at the beginning of our consultation, we found that the smear situation is indeed very serious, and we need to enact legislation earlier to reduce this risk. During the consultation, we receive the information every day and analyze it in the evening. When the Bills Committee is in session, it meets eight hours a day in the morning, and after it is done, it has to study how to write the law better, and there is some work to amend the law. It's really that there are very few breaks every day. I am very grateful to the Department of Justice and our colleagues for working tirelessly to get this matter right.
Another challenge is the smear situation that I have already described. Because in 2019 or earlier, when the legislation was pushed forward in 2003, we found that the smear situation was very serious, not only because it was unclear and to explain, but also because there were external forces deliberately trying to use some fake news to intimidate Hong Kong citizens. We have to come out and refute this. The object of refutation is, of course, some external forces that publish false news, and we need to tell the whole Hong Kong people about the situation deliberately smeared by external forces, so that they (citizens) can understand that these ideas behind them are endangering national security, which is also a big challenge for us.
This is of great significance. Because before 2019, there was basically no relevant law. Article 23 had not been legislated at the time, but in 2019, we discovered that there were shortcomings in the law, which gave them the opportunity to endanger our national security. In 2020, the (Hong Kong) National Security Law used new laws to control the four most important situations at that time, but we did not have 23 articles, and on the whole, there are still some shortcomings, and we still need to get it right. Therefore, after the enactment of Article 23, we have a lot of tools to ensure the security of Hong Kong and the country.
National security is paramount. Let's look back and look back at 2019, if there was no national security, your life would not be guaranteed. If you come out and say a word, if it is against some thugs, you will also be beaten, and you will not be free at all, that is, you will not dare to say what is in your heart. Who else can do business in a rioted place, no one does business in a place where there is a "war", and no one wants to do business in (here), let's say the store was set on fire in 2019, and will not do business in this situation. Therefore, with the "Regulations on Safeguarding National Security", our security has been guaranteed. Citizens can live in Hong Kong safely, do our business and live our happy life as before.
Chinanews: Now that the "Regulations on Safeguarding National Security" have come into effect, why don't ordinary citizens have to worry about accidentally violating the law? and have the rights and freedoms of Hong Kong citizens been weakened after we enacted the law?
Deng Bingqiang: Because the crimes in the law on safeguarding national security are all aimed at some people who endanger national security, if it is an ordinary person (the public), it will be better for you, and basically there will be no impact. First of all, this law is basically not a new law, it is already in our previous different regulations. We may have a little bit of new laws, but in fact, they can be seen in the laws of many other countries and our countries, so basically these laws are not unique to Hong Kong.
A lot of external forces, they attack us a few points. Let's say that some people say that state secrets will not affect (ordinary people), but this is not. Because state secrets have three major elements, in addition to some of the information in the seven categories, there is also no authorization, and there is a risk that may constitute a state (security), and ordinary people will not do this, so it is mainly aimed at some (people) who endanger national security. The second is overseas interference, and many people say that if you have a connection with an overseas group, you will be in trouble and break the law, which is wrong and misleading. Basically, we also have three elements, one is that in addition to cooperating with foreign forces, we must also adopt some improper means, which are illegal means, using violent (etc.) methods, and in addition, we must achieve some intervention results, such as affecting the work of the Legislative Council and influencing the judgment of the court. If you're only cooperating with a foreign group, even if you're cooperating with a foreign government, that's perfectly fine.
I have explained it many times, but I still want to explain it to Hong Kong citizens, or foreigners working in Hong Kong, doing business, and make it clear to them that ordinary work is either endangering our national security, or there is no need to worry about it at all. In addition, Article 2 of the Regulations on Safeguarding National Security makes it very clear that some basic human rights, our freedoms, such as freedom of speech or other freedoms, are guaranteed. Our laws are also in line with the two major international covenants (the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights).
Chinanews.com: How will you introduce and explain this new law to foreign businessmen? What kind of balance do we make between this law being in line with international standards and conforming to the actual conditions of our country and the Hong Kong Special Administrative Region?
Tang Ping-keung: First of all, I have made it very clear to the Secretary for Justice, both during the consultation period and after the passage of the legislation. We also talk to some foreign chambers of commerce and answer their questions directly through face-to-face explanations, which is also very effective. The second is that Hong Kong has some economic and trade offices in other places, and our colleagues in the economic and trade offices also explain our laws to foreign businessmen.
Starting with the consultation paper, we have made each offence very clear. In fact, there are relevant laws in foreign countries, so you don't have to worry. Why is there no problem with the law for foreigners, but there will be problems when they come to Hong Kong? In addition, we would also like to invite friends from different countries (and regions) to come to Hong Kong to see what the actual situation is. Now it is very free, it has not changed at all, and it is not to be misled by the media controlled by some external forces. Of course, if we have the opportunity ourselves, we will also go abroad to tell our Hong Kong story well.
Basically, the Regulations on Safeguarding National Security are local legislation, and local legislation is to use some concepts of the common law to legislate. Some of the basic principles of the common law, such as the presumption of innocence if the court has not convicted, and the fact that we all have access to a lawyer, these common law rights are guaranteed.
Chinanews: As far as you observe, has Hong Kong people's understanding of national security improved over the past few years? Now that 23 pieces of legislation have been completed, what are the new plans of the HKSAR government to promote national security education and rule of law education in the future?
Tang Ping-keung: Actually, in the past five years, I can say that Hong Kong has developed a lot in terms of national security awareness. Because before 2019, you told Hong Kong people that Hong Kong was dangerous, and no one believed it, and that there were riots in Hong Kong, and no one believed it. After 2019, the public will be able to see that the risk of national security is very real, especially after the (Hong Kong) National Security Law is enacted, and the public can see the role of the (Hong Kong) National Security Law, and some people who endanger national security can be arrested and prosecuted. Of course, through public education, for example, our schools, national security education, flag raising, and singing the national anthem, [all of these] have added a lot of national identity to Hong Kong. Every year on 15 April, National Security Education Day, the Security Bureau and the disciplined services have done a lot of work to promote national security in the past few years. Together with the Department of Justice and the Education Bureau, we have also organised a quiz competition on national security knowledge in primary and secondary schools in Hong Kong, which has also promoted national security awareness through this competition. During the consultation period of Article 23 legislation, we received the support of 98.6% of the citizens, and it can be seen that the awareness of national security has been greatly enhanced.
Chinanews: Looking back, the national security risks in Hong Kong are still relatively obvious, especially in 2019. What is the biggest lesson Hong Kong has learned from the 2019 "Legislative Amendment Turmoil"?
Tang Bingqiang: Actually, we have learned a few lessons. Our Hong Kong people's awareness of national security and national risks is insufficient. As I said, before 2019, no one believed that Hong Kong was a national security risk, but they were not aware of it. Back then, we didn't have enough legal tools, but now we have the [Hong Kong] National Security Law and the Safeguarding National Security Ordinance, so I believe that in the future, our security will be guaranteed.
Chinanews.com: Actually, another focus of attention after the legislation is how to enforce the law in our special zone. Can you give us a brief introduction to this?
Deng Bingqiang: Of course, with the law, we can enforce the law most effectively. Our disciplined forces and law enforcement agencies are trained at two levels. One is basic training, where all colleagues and law enforcement officers in the disciplined forces must have an understanding of the laws for safeguarding national security, and know what our powers are and what circumstances (suspected) they violate the law. Second, it is also very important for departments that conduct investigations, especially for national security, to have a better understanding of how to grasp the evidence, under what circumstances they can prosecute, and to do a good job in prosecuting the prosecution.
Chinanews: After the completion of the legislation, some people say that if Hong Kong had successfully enacted Article 23 more than 20 years ago, it might not have been in the midst of political disputes all these years. Have you completely closed the loopholes in Hong Kong's national security now? Do you have any confidence that a similar situation will never happen in Hong Kong again in 2019?
Tang Bingqiang: I believe it won't happen again. The first is that our awareness of national security has been greatly enhanced. It can be seen that during the consultation period (of Article 23), 98.6% of the citizens supported us. In addition, we now have the tools of the law, and our law enforcement and prosecution departments have some experience to ensure that the security of Hong Kong is guaranteed. Of course, the situation might have been better if the 23 pieces of legislation had been completed earlier. I said that Hong Kong cannot be chaotic and cannot afford chaos. We must not take this lightly and must always be vigilant. External forces are looking for opportunities every day to endanger our national security, so we must raise awareness in this regard and maintain a state of security maintenance.
Chinanews: What is the most memorable thing about your work experience in the Force?
Tang Ping-keung: Actually, I wanted to join the police when I was very young, because I lived next to a police station, and I watched the police officers go to and from work every day, and I saw that they were very dignified in police uniforms, so I really wanted to join their work, to arrest all the bad guys, and to protect Hong Kong. Later, after graduating from university, I was able to go to the police academy and do the job I loved, which was a great honor.
Of course, the most memorable time was the "black riots" in 2019, which was the most chaotic time for the whole society, and it was also the biggest challenge for our police force.
Chinanews.com: After taking office as the director of the Security Bureau, what is the biggest work insight so far?
Tang Ping-keung: Of course, there is a difference between being the Commissioner of Police and being the Secretary for Security, the Police Force still has more actions, and the satisfaction can be said to be relatively quick. Because solving a case and catching a bad guy will bring satisfaction. The Security Bureau is a number of policies, and some legislative work is relatively long-term, of course, now that there are 23 pieces of legislation, the satisfaction is also very great for me.
Chinanews: After such an important task, how do you think Hong Kong will continue to safeguard national security?
Deng Bingqiang: After the completion of this legislative work, it will be the beginning of another stage. For example, it is necessary to explain the law well, and to put the "Safeguarding National Security Ordinance" together with the (Hong Kong) National Security Law and the overall national security concept, and then promote it. The second aspect is to enforce the law.
The Regulations on Safeguarding National Security are a new milestone in our efforts to safeguard national security. We have this tool to be more effective in safeguarding national security in the future. It was something that should have been done 26 years ago, and I feel very honored to have it done in my hands.