By Dr. Lee Hoey Simon
On 10 February 2026, China's State Council Information Office released the white paper titled "The Practice of Safeguarding National Security in Hong Kong Under 'One Country, Two Systems'." The primary value of this white paper lies in presenting a coherent narrative that traces past practices, analyses the current situation, and looks ahead to the future — thereby illustrating the evolutionary trajectory of Hong Kong's national security legal framework. It demonstrates that safeguarding national security is not merely a static institutional implementation, but a continuous and dynamic rule of law process.
A Dynamic Path of National Security Legislation and Jurisprudence
Looking back, Hong Kong had long been exposed to national security risks. This vulnerability provided opportunities for anti-China, destabilising Hong Kong forces and external interventionists to act with impunity, severely undermining social order and the foundations of the rule of law. The enactment and implementation of the national security legal system in Hong Kong has fundamentally closed these legal loopholes.
Today, the judicial practice of safeguarding national security in Hong Kong has matured considerably. Major cases, such as that of Jimmy Lai, have been tried in accordance with the law. Through the presentation of solid evidence and adherence to strict legal procedures, these trials have not only upheld the authority of the rule of law but have also contributed valuable judicial experience to the handling of national security cases.
The trial of Jimmy Lai and others for violating the Hong Kong National Security Law at the Court of First Instance of the High Court, which spanned over a hundred days, has finally concluded with sentencing. There is broad public recognition that the sentence of twenty years' imprisonment is appropriate — the effective term in fact exceeding twenty years because the sentences imposed in Lai's other cases before the District Court, involving different offences, are to be served consecutively to this sentence, as determined by the court. The sentence is widely regarded as carrying sufficient deterrent effect against future acts endangering national security.
In this case, the Court of First Instance first affirmed the need to follow the sentencing guidelines laid down by the Court of Final Appeal in Hong Kong Special Administrative Region v Lui Sai-yuk (2023) 26 HKCFAR 332. At the same time, the Court also referred to Hong Kong Special Administrative Region v Ma Chun-man [2022] 5 HKLRD 246, determining that the offences committed by Lai fell within the "serious offence" category under Article 29 of the National Security Law. Accordingly, the sentencing range should commence at ten years' imprisonment and could extend to life imprisonment.
Subsequently, the Court adopted 15 years as the starting point for sentencing, which was then increased to 18 years on account of Lai's role as the mastermind and promoter of the offences. After considering factors such as his age, the sentence was reduced by one year to 17 years. Lai was convicted on two counts, and applying the totality principle, the Court ultimately imposed an aggregate sentence of 20 years' imprisonment, with some sentences to run concurrently and others consecutively.
Looking forward, the white paper sets a clear direction for continuously refining the national security legal system and deepening education on the rule of law. As the Hong Kong National Security Law gradually becomes integrated into Hong Kong's legal ecosystem and social life — much like criminal law or civil law — it will likewise be progressively internalised as a legal conviction among the people of Hong Kong.
The Balance and Synergy Between Security, Development, Rights and Freedoms
The original legislative intent of the Hong Kong National Security Law and the Safeguarding National Security Ordinance is to uphold national sovereignty, security and development interests, and to guarantee Hong Kong's prosperity and stability as well as the lawful rights and freedoms of its residents. This precisely reflects Hong Kong's ongoing legal development, which strives to both balance and foster mutual reinforcement among three key elements: national security, economic and social development and openness, and the rights and freedoms of individuals.
- National Security as the Foundation of Rights, Freedoms and Development
National security is not the antithesis of rights and freedoms; rather, it is their fundamental prerequisite. Without a stable social environment and the protection of sovereignty, the rights and freedoms of citizens cannot be realised, nor can the foundations for development be established. The national security legal system is designed to secure the bottom line for the steady and sustained implementation of "One Country, Two Systems." This constitutes, in essence, the safeguarding of the overall interests of Hong Kong society and the fundamental well‑being of its people.
- The Rule of Law as the Framework for Reconciling Security and Freedom
The rule of law is the core philosophy underpinning national security legislation. By clearly delineating the boundaries of acts that endanger national security, the law provides more explicit protection for lawful freedoms. Its function is to define prohibited conduct and stabilise expectations, thereby allowing citizens to enjoy fuller and more secure freedom within the bounds not prohibited by law. Allowing extremist acts to erode national security will ultimately undermine the freedom of the whole society and impede its economic and social development.
- Necessity and Precision of the Law
From historical, jurisprudential and practical perspectives, the white paper demonstrates that the national security legal system targets only a very small minority of acts that endanger national security, and does not affect the vast majority of normal economic activities and social life. The legislation aims to prevent, suppress and impose punishment for specific harmful acts, and its design respects the principle of proportionality. It strives to maximise the protection of economic and social development and openness while upholding security.
An effective national security mechanism can forestall potential threats to social stability, thereby creating a stable environment for economic prosperity, rights and freedoms, and social development. In turn, the healthy exercise of rights and freedoms enhances social vitality and identity, consolidating the foundations of security. Under the framework of a robust rule of law, these three elements complement and reinforce one another, jointly forming the pillars of Hong Kong's enduring stability and good governance.
The white paper clearly articulates that safeguarding national security is not about restricting freedom, but about delineating a safe perimeter for freedom; it is not an obstacle to development, but rather a foundational buttress for development. National security is a prerequisite for Hong Kong's rule of law development. Only with national security guaranteed can judicial independence, social order and the business environment be reliably assured. National security and development, security and freedom, and the rule of law and people's livelihood are integral components of an organic whole — mutually reinforcing and advancing in concert.
The views do not necessarily reflect those of DotDotNews.
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