What's false and what's true on China-related human rights matters
5. False: The Chinese government has suppressed the protests and the promotion of democracy in Hong Kong.
True:
- What has happened since the return of Hong Kong proves that the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration enjoyed by Hong Kong residents in accordance with the law have been fully protected.
- Since the turbulence over the amendment bill in June last year, some radical protesters have deliberately stirred up violent incidents. Their actions have gone far beyond the scope of peaceful demonstration and freedom of expression, and turned into extremist, violent and illegal acts. Such violent acts have blatantly violated laws, posed serious threats to the safety of Hong Kong citizens and openly challenged the sovereignty and dignity of the State. The malicious nature of their acts has been laid bare by clear facts and solid evidence.
- Peaceful and reasonable expression of demand is a basic requirement and an intrinsic part of a culturally advanced society based on the rule of law. Having said that, rights must be exercised within the framework of the rule of law, and no demand should be expressed by illegal means, let alone resorting to violence. The rule of law is the core value of Hong Kong and the cornerstone for its long-term stability and prosperity. Ensuring observance of laws and prosecution of lawbreakers is a manifestation of the spirit of the rule of law. Only by taking zero tolerance toward violence and rioters, can Hong Kong's law and order be protected and the rule of law upheld. Supporting and conniving at violence and rioters represents a flagrant infringement of democracy, freedom and the rule of law.
6. False: The legislation on safeguarding national security in Hong Kong violates China's commitments and obligations under the Sino-British Joint Declaration.
True:
- The legal basis for the Chinese government to govern Hong Kong is the Chinese Constitution and the Basic Law of the Hong Kong SAR. The Sino-British Joint Declaration is not relevant in this regard. As China resumed the exercise of sovereignty over Hong Kong in 1997, all provisions concerning the UK under the Joint Declaration had been fulfilled. The UK has no sovereignty, jurisdiction or "right of supervision" over Hong Kong after its return.
- The basic policies regarding Hong Kong stated by China in the Joint Declaration are not commitments to the UK, but China's declaration of its policies, which have since been fully embodied in the Basic Law enacted by the National People's Congress (NPC). These policies have not changed; they will continue to be upheld by China.
7. False: The legislation on safeguarding national security in Hong Kong has been unilaterally imposed on Hong Kong by the Central Government of China.
True:
- National security legislation has always been a matter concerning the sovereignty of the State and within the purview of the Central Authorities. The Central Government of China assumes the primary and ultimate responsibility for safeguarding national security. As the highest organ of State power in China, the NPC has established and improved, at the State level, the legal system and enforcement mechanisms for safeguarding national security in Hong Kong. This is vital for plugging the legal loopholes relating to national security in Hong Kong and effectively protecting national security. It is also a fundamental measure for ensuring the steady and sustained implementation of the policy of One Country, Two Systems.
- Article 23 of the Basic Law stipulates that the Hong Kong SAR shall enact laws on its own to safeguard national security. Nearly 23 years after Hong Kong's return to China, however, the relevant legislative process is still not materialized due to the sabotage and obstruction by anti-China, destabilizing elements in Hong Kong as well as hostile forces from the outside. Faced with the grave situation in safeguarding national security in Hong Kong, the Central Government has both the power and the responsibility to promptly plug the loopholes and strengthen the weak links.
- The Macao SAR passed in early 2009 its Law on Safeguarding National Security, and has conducted, in a well-ordered manner, relevant law enforcement work and study of supportive legislation for safeguarding national security. In 2018, the Macao SAR Government set up a committee for safeguarding national security to coordinate and enforce local initiatives relating to national security. It has continued to improve its legal system, institutions and enforcement mechanisms for safeguarding national security.
- The UK applied the Treason Act to Hong Kong with specialized enforcement agencies during its colonial rule. But now it is making groundless accusations against the legislation on safeguarding national security in Hong Kong enacted by China's central authorities. This is pure double standards.
