The Government of the Hong Kong Special Administrative Region (HKSAR) on Tuesday (Sept. 19) strongly disapproved of and firmly rejected the groundless attacks, slanders and smears against the HKSAR in the so-called six-monthly report on Hong Kong: January to June 2023 of the United Kingdom (UK) in respect of the reform of District Councils (DCs), the implementation of the Hong Kong National Security Law (NSL), the protection of the human rights, etc, in Hong Kong.
In a statement issued late Tuesday night, a spokesman for the HKSAR government said, "The UK's manoeuvre with politics prevailing over law-based administration is glaringly obvious. The HKSAR is an inalienable part of the People's Republic of China, is a local administrative region that enjoys a high degree of autonomy under 'one country, two systems', and comes directly under the Central People's Government. The HKSAR Government strongly urges the UK again to discern facts from fallacies, respect the international law and basic norms governing international relations, and immediately stop interfering in Hong Kong matters, which are purely China's internal affairs."
Improved electoral system and reform of DCs
The HKSAR Government spokesman said, "The improved electoral system of the HKSAR puts in place legal safeguards to ensure the full implementation of 'patriots administering Hong Kong'. Keeping political power in the hands of patriots is a political rule commonly adopted in the world.
"The HKSAR Government strongly refutes the UK's fallacious remarks about the reform of DCs in the so-called report. In order to put an end to the chaos of the sixth-term DCs and restore DCs to the right track, it is necessary and urgent to reform DCs. Any description of the DCs being part of the democratic process of the HKSAR is a complete misinterpretation of the intent of the Basic Law. The seventh-term DCs will strictly adhere to the positioning under the Basic Law to carry out advisory and services functions, duly contribute to the HKSAR's district governance work, and effectively respond to the expectations of the public."
Safeguarding national security
The HKSAR Government spokesman stressed, "National security is a matter within the purview of the Central Authorities. It is the responsibility and right of every country to safeguard its national security. The successful promulgation and implementation of the NSL have restored the enjoyment of rights and freedoms which many Hong Kong people were unable to enjoy during the period of serious violence and Hong Kong version of 'colour revolution' between June 2019 and early 2020, and have swiftly and effectively restored stability and security in Hong Kong..
"The UK has recently passed the National Security Act, which has introduced various offences including modernised espionage offences and offence of foreign interference with extra-territorial effect, created a foreign activities and foreign influence registration scheme, and granted the law enforcement authorities a wide range of powers to take prevention and investigation measures. The UK has no right and no qualification to make scandalous accusations against the measures taken by the Central Authorities and the HKSAR Government to safeguard national security when it just does the very same thing.
"Apart from providing that the principle of the rule of law shall be adhered to, Article 5 of the NSL also provides for the presumption of innocence, the prohibition of double jeopardy, and the right to defend oneself and other rights in judicial proceedings that a criminal suspect, defendant and other parties in judicial proceedings are entitled to under the law. Moreover, trial by a panel of three judges instead of by a jury under specified circumstances in accordance with Article 46 of the NSL seeks to safeguard rather than undermine the defendants' right to a fair trial, and judges will deliver the reasons for the verdicts to ensure open justice.
"Furthermore, the HKSAR Government reiterates that the Legal Practitioners (Amendment) Ordinance 2023 aims to handle matters concerning the participation of overseas lawyers who are not qualified to practise generally in the HKSAR in cases concerning national security in an appropriate manner, so as to effectively address the potential national security risks associated with the participation of such lawyers in such cases, in line with the spirit of the interpretation by the Standing Committee of the National People's Congress (NPCSC) of Articles 14 and 47 of the NSL on December 30, 2022.
"The NPCSC exercises the power of interpretation in accordance with the relevant provisions of the Constitution of the People's Republic of China and the NSL, which is a fundamental aspect of the 'one country, two systems' principle, and a manifestation of the principle of the rule of law. The legislative interpretation of the NSL given by the NPCSC last year did not directly deal with specific judicial proceedings. Rather, it clarified the meaning of the relevant legal provisions and the basis for application of the law.
"The right to choice of lawyers is protected by the Basic Law, and it is well-established by case law that such a choice means a right to choose lawyers who are available and entitled to practise, and not overseas lawyers who are not qualified to practise. As a matter of fact, in the UK, there is simply no regime for ad hoc admission of overseas lawyers similar to that in Hong Kong, not to mention any regime which allows overseas lawyers who are not qualified to practise generally there to handle national security cases. Any remark that the relevant ordinance qualifies the right to choice of lawyers is not only hypocrisy, but also manifestly without a sound legal basis."
Safeguarding due administration of justice and rule of law
The HKSAR Government spokesman pointed out, "Hong Kong is a society underpinned by the rule of law and has always adhered to the principle that laws must be obeyed and lawbreakers be held accountable. Hong Kong's judicial system has always been highly regarded by international communities. Article 85 of the Basic Law clearly stipulates that the Judiciary shall exercise judicial power independently in accordance with the law, free from any interference. As guaranteed by the Basic Law and the Hong Kong Bill of Rights, everyone charged with a criminal offence has the right to a fair hearing.
"The Department of Justice of the HKSAR is in charge of criminal prosecutions under Article 63 of the Basic Law, with all prosecution decisions made based on an objective analysis of all admissible evidence and applicable laws. The Judiciary of the HKSAR exercises judicial power independently in accordance with the law, and everyone charged with a criminal offence has the right to a fair hearing. The courts decide cases strictly in accordance with the evidence and all applicable laws. Cases will never be handled any differently owing to the profession, political beliefs or background of the persons involved. The prosecution has the burden to prove beyond reasonable doubt the commission of an offence before a defendant may be convicted by the court."
Safeguarding rights and freedoms
The HKSAR Government spokesman said, "Hong Kong residents enjoy the rights and freedoms under the Basic Law, the Hong Kong Bill of Rights Ordinance and other relevant laws. The NSL clearly stipulates that human rights shall be respected and protected in safeguarding national security in the HKSAR and the rights and freedoms that Hong Kong residents enjoy under the Basic Law, and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong, including the freedom of speech, of the press, of publication, of association and of assembly, shall be protected in accordance with the law. However, such rights and freedoms are not absolute. The exercise of such rights may be subject to restrictions that are provided by law and are necessary for pursuing legitimate aims such as the protection of national security or public order.
"Since the implementation of the NSL, the media landscape in Hong Kong has remained vibrant. As always, the media can exercise their freedom of the press in accordance with the law. Their freedom of commenting on and criticising government policies remains uninhibited as long as this is not in violation of the law."
Also in a statement issued on Wednesday night, the Commissioner's Office of the Chinese Foreign Ministry in the HKSAR strongly disapproved and firmly rejected the UK report, urging the British side to abide by the principles of international law and the basic norms of international relations, and to immediately stop the political farce of interfering in HK affairs.
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