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Following is a reply by the Secretary for Security, Mr Lai Tung-kwok, to a question by the Dr Hon Kwok Ka-ki in the Legislative Council today (November 27):
Question:
The Third Plenary Session of the 18th Central Committee of the Communist Party of China, which was concluded on the 12th of this month, decided to establish a State Security Committee (SSC). It has been reported that the purpose of establishing SSC is to "improve China's mechanism and strategy for state security, and to ensure national security". It has also been reported that members of SSC will include the heads of the Hong Kong and Macao Affairs Office of the State Council (HKMAO) and the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region (LOCPG). Regarding the impact of SSC on the work of the Government of Hong Kong, will the Government inform this Council:
(a) when and through which channel it first learnt of the decision to establish SSC; whether the Police and the Department of Justice will revise the existing law enforcement and prosecution policies in response to the purpose of SSC; if they will, of the details; whether the Government will restart the work of enacting local legislation to implement Article 23 of the Basic Law; if it will, of the timetable and details;
(b) whether it has assessed if, upon the establishment of SSC, there will be corresponding changes in the roles played by HKMAO and LOCPG in handling matters related to the relationship between the Central Authorities and the Hong Kong SAR in accordance with the Basic Law; if there will be changes, of the details; whether it has studied if there is a legal basis for HKMAO and LOCPG to carry out tasks in Hong Kong in furtherance of the purpose of SSC; if there is a legal basis, of the details; and
(c) as Article 22 of the Basic Law stipulates that all personnel of the departments of the Central Government shall abide by the laws of the Hong Kong SAR, whether the Government has made enquiries with the Central Authorities to see if SSC personnel will carry out activities in Hong Kong, including handling matters related to the "Occupy Central" movement, in order to ensure that they abide by the laws of the Hong Kong SAR; if they will carry out activities, of the legal basis, and whether the authorities have assessed if such a practice will violate the policy of "one country, two systems" and the principle of "Hong Kong people ruling Hong Kong" and "a high degree of autonomy" being implemented in Hong Kong?
Reply:
President,
Since the establishment of the Hong Kong Special Administrative Region (HKSAR), the Central Authorities have been acting strictly in accordance with the fundamental policies of "one country, two systems", "Hong Kong people ruling Hong Kong", "a high degree of autonomy" and the provisions of the Basic Law in supporting the Chief Executive and the HKSAR Government in administering Hong Kong in accordance with the law, with a view to maintaining the prosperity and stability of Hong Kong.
We note that The Third Plenary Session of the 18th Central Committee of the Communist Party of China (CCCPC) held earlier announced the establishment of the National Security Commission (NSC). Since information about the NSC available is very limited, the HKSAR Government will not comment on speculations or reports that are not based on facts.
The Administration's reply to the various parts of Dr Hon Kwok's question is as follows:
(a) The Central Government and the HKSAR Government have all along been acting strictly in accordance with the Basic Law. Article 14 of the Basic Law provides that the Government of the Hong Kong Special Administrative Region shall be responsible for the maintenance of public order in the Region. The Third Plenary Session of the 18th CCCPC is to deal with matters of national level, and should not be confused with internal security upheld by the HKSAR Government in accordance with the law.
Hong Kong is ruled by law. The Police will continue to take enforcement action in a fair, just and impartial manner in accordance with the laws of Hong Kong, so as to maintain public order and public safety of Hong Kong.
Regarding criminal prosecution, Article 63 of the Basic Law provides that the Department of Justice "shall control criminal prosecutions, free from any interference". That constitutional guarantee of independence ensures that prosecutors within the Department may act independently according to the law without political or any other undue influence.
There has not been any change to the current term of HKSAR Government's stance on the legislative exercise of Basic Law Article 23 (BL 23). The HKSAR has a constitutional duty to enact laws in accordance with BL23 to protect national security. However, the current priorities of the HKSAR Government are to deal with the various social and livelihood issues. The Administration understands the community's concerns over the BL23 legislative exercise. When the legislative exercise is to be taken forward, the HKSAR Government will fully consult the community in order to achieve a broad-based consensus on the legislative proposals. Any legislative proposals to be drawn up will be consistent with the relevant provisions of the Basic Law and the related international conventions protecting our various rights and freedoms.
(b) and (c) Article 22 of the Basic Law provides that "No department of the Central People's Government and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own in accordance with this Law. If there is a need for departments of the Central Government, or for provinces, autonomous regions, or municipalities directly under the Central Government to set up offices in the Hong Kong Special Administrative Region, they must obtain the consent of the government of the Region and the approval of the Central People's Government. All offices set up in the Hong Kong Special Administrative Region by departments of the Central Government, or by provinces, autonomous regions, or municipalities directly under the Central Government, and the personnel of these offices shall abide by the laws of the Region."
The above provision of the Basic Law states clearly that the Central Government (CG) offices and their personnel shall abide by the laws of the HKSAR. Hong Kong is ruled by law and everyone is equal before the law. In fact, the CG offices and their personnel have been exemplary in abiding by the laws of the HKSAR.
The HKSAR Government has all along been maintaining connections with the Central Authorities and other Mainland departments in accordance with the Basic Law and the principle of "one country, two systems", and is required to contact or communicate with relevant officials from time to time.
The law enforcement authorities of the HKSAR and the Mainland respect each other's jurisdiction. Neither of them is subordinate to the other. Neither of them interferes the jurisdiction of the other. Under no circumstances can law enforcement officers take enforcement actions in the territory of the other. Law enforcement can only be undertaken by law enforcement authorities of that territory in accordance with the local law.
The Administration respects the freedom and right of procession and peaceful assembly which are enjoyed by Hong Kong residents under the Basic Law and the Hong Kong Bill of Rights Ordinance. The Administration is concerned about "Occupy Central" initiated by some members of the community and the possible illegal acts associated. There are also concerns from many organisations and individuals over the impact of "Occupy Central" on the community.
President, I have to reiterate that when expressing their aspirations, participants of public meetings, demonstrations or processions should, under the premise of observing the laws of Hong Kong, conduct such activities in a peaceful and orderly manner without breaching public order or adopting any act of violence. The Police will formulate and take appropriate measures to facilitate the smooth conduct of lawful and peaceful public meetings and processions on one hand, while on the other, minimising the impact of such events on members of the public and road users, as well as ensuring public order and public safety.
Ends/Wednesday, November 27, 2013
Issued at HKT 15:19
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