The HKSAR Government today (Sept. 12) expressed strong dissatisfaction with, firm opposition to, and strong condemnation of the various malicious attacks and smears made by a number of Western countries, anti-China media, overseas organisations and politicians after the HKSAR court, strictly in accordance with the law, sentenced the defendants in the "Hong Kong Alliance inciting subversion of state power" case.
A spokesman for the HKSAR Government pointed out that some people have, by exploiting cases involving crimes endangering national security, including this case, fabricated lies and made alarmist remarks about the rule of law and human rights in the HKSAR. The HKSAR Government now once again sets out the facts to set the record straight. First, the HKSAR Government has stated time and again that human rights in Hong Kong have always been firmly guaranteed under the Constitution and the Basic Law. Article 4 of the National Security Law and Article 2 of the Safeguarding National Security Ordinance also clearly stipulate that the HKSAR shall, in safeguarding national security, respect and protect human rights and, in accordance with the law, protect the rights and freedoms of Hong Kong residents, including freedom of speech, of the press, of publication, of association, of assembly, of procession and of demonstration, as enjoyed under the Basic Law and the relevant 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. However, as in other parts of the world, many rights and freedoms are not absolute. The International Covenant on Civil and Political Rights also clearly provides that certain rights and freedoms, including freedom of speech, may be restricted in accordance with the law where necessary to protect national security, public safety, public order, or the rights and freedoms of others.
The spokesman said that in recent years, Western countries have continuously overstretched the concept of "national security", coerced individuals and enterprises engaged in legitimate activities, and used various means to suppress dissidents. The governments and politicians concerned have not reflected on themselves, and local organisations and media have turned a blind eye. Yet these external forces, applying double standards, attack the HKSAR for strictly adhering to the principle of the rule of law in fulfilling its duty to safeguard national security. This is entirely hypocritical and despicable political manipulation.
The spokesman added that the Government has also noticed that people with ulterior motives have used this case to attack "One Country, Two Systems". The Hong Kong SAR is an inalienable part of the People's Republic of China, and the country has always been Hong Kong's strongest backing — this is an indisputable fact. "One Country, Two Systems" has enabled Hong Kong to successfully overcome various challenges, and the firmer the "One Country" principle, the more pronounced the advantages of "Two Systems". National security is the cornerstone of Hong Kong's prosperity and stability, and safeguarding national sovereignty, security and development interests is the highest principle of "One Country, Two Systems".
The spokesman stressed that the law has never allowed anyone to use the pretext of human rights, democracy and freedom to substitute one thing for another and openly harm their own country and fellow citizens. Regardless of the type of case, the court conducts a fair and impartial trial strictly in accordance with the law and evidence, free from any interference and with absolutely no political considerations. Advocating that persons or organisations of a certain background should not be subject to legal sanctions for their illegal acts and activities is tantamount to granting them a privilege to break the law, which completely violates the spirit of the rule of law.
The spokesman said that no country's constitution would allow citizens to subvert the constitutional order and fundamental system of the state established by its constitution. As the court pointed out in its reasons for the verdict in this case, the Constitution is the "fundamental law" of the state and has the highest legal effect. The Constitution is also the constitution of the Hong Kong SAR and the foundation of the HKSAR's laws. The Constitution and the Basic Law together establish the constitutional order of the Hong Kong Special Administrative Region. The basic and core parts of the Constitution concerning the constitutional order, national sovereignty, unity and territorial integrity must apply to the Hong Kong SAR. The part of the Constitution concerning "leadership by the Communist Party of China (CPC)" is the core of the "fundamental system" established by the Constitution. Under the Constitution, overthrowing or undermining the leadership of the CPC is equivalent to overthrowing or undermining the fundamental system of the People's Republic of China established by the Constitution, as referred to in Article 22 of the National Security Law.
The spokesman continued that inciting subversion of state power is a very serious crime, and the conviction and sentencing in this case fully reflect the criminal responsibility of each defendant and serve as a strong deterrent. The court's reasons for the verdict have already explained in detail the analysis of the relevant legal principles and evidence, as well as the reasons for convicting each defendant. As for the length of each defendant's sentence, the sentencing reasons clearly and in detail set out the sentencing considerations, including the various reasons for finding this case to be of a "serious" nature.
The spokesman stressed that the court pointed out that the defendants have all along harboured hostility towards the CPC and the central government it leads, and have persisted in a line of struggle against the central government with absolutely no compromise. After the implementation of the National Security Law, the defendants refused to pull back from the brink and obstinately adhered to the "Hong Kong Alliance's" confrontational stance to the very end. Even though the defendants knew that their words and deeds might have exceeded the scope of lawful freedom of expression, they paid no heed. The defendants attempted, by provoking hostility and division, to cause others to lose trust in the CPC, thereby achieving the purpose of undermining the fundamental system of the People's Republic of China. The court also reiterated that the National Security Law has no retrospective effect, and the defendants are not on trial because of their political thoughts or acts before the implementation of the National Security Law. Their convictions are purely because they committed acts prohibited by that law after it took effect.
The spokesman said that the court's rulings in this case and in various cases involving crimes endangering national security in recent years have all demonstrated that the National Security Law and other laws related to safeguarding national security can truly prevent, stop and punish all kinds of criminal acts endangering national security. Without this solid legal barrier, and without bringing these criminals to justice, Hong Kong and the country would undoubtedly suffer immense harm, with unimaginable consequences.
The spokesman reiterated that safeguarding national sovereignty, unity and territorial integrity is the common duty of all Chinese people, including Hong Kong compatriots. Hong Kong is a society governed by the rule of law. The HKSAR Government upholds the law, pursues violators, and enforces the law strictly, and will spare no effort to prevent, stop and punish acts and activities endangering national security. The HKSAR Government urges all parties to recognise the objective facts and stop any malicious attacks and despicable political manipulation without any factual basis.
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