Response to concerns over national security law

     Different views have been expressed in recent days by legal sector on the draft Decision on establishing and improving the legal system and enforcement mechanisms for the Hong Kong Special Administrative Region (HKSAR) to safeguard national security (draft Decision), a spokesman for the Department of Justice today (May 25) issued the following statement to address the concerns:
 
     The National People's Congress (NPC) is the highest organ of state power in the People's Republic of China. Under the Constitution, the NPC has the power to introduce laws and other legal instruments including making Decisions. The Decision is to be made pursuant to Article 31, 62(2), (14) and (16) of the Constitution and the relevant provisions of the Basic Law. Under Article 6 of the draft Decision, the NPC delegated the Standing Committee of the NPC (NPCSC) the duty to make the national security law applicable to the HKSAR.
 
     National security is outside the limits of the autonomy of the HKSAR but a matter under the purview of the Central Authorities. In view of the current situation in Hong Kong and the difficulty faced by the HKSAR to complete on their own legislation for safeguarding national security in the foreseeable future, the Central Authorities have the right and duty to introduce a national law to improve at the national level the legal framework and enforcement mechanisms for national security for the HKSAR. Such national law is under the ambit of "defence and foreign affairs as well as other matters outside the limits of the autonomy of the Region" as set out in Article 18(3) of the Basic Law.
 
     Under Article 23 of the Basic Law, HKSAR is authorised to legislate national security laws, however, it does not preclude the Central Authorities from legislating at a national level for national security.
 
     As clearly stated in the draft Decision and the Explanatory Statement of the draft Decision, when making the Decision, the NPC will comply with the laws, the "one country, two systems" principle and also endeavour to safeguard the lawful rights and interests of people in Hong Kong.
 
     Article 2 of the Basic Law clearly stipulates that the HKSAR enjoys executive, legislative and independent judicial power, including that of final adjudication. Article 85 also states that the HKSAR courts shall exercise judicial power independently, free from any interference. The independence of the Judiciary is respected and upheld in the HKSAR.
 
     Given that the details of the national security law to be enacted by the NPCSC and introduced to Annex III of the Basic Law to be promulgated by the HKSAR are not yet made public at this stage, it is inappropriate for anyone to make unwarranted speculations on the content of the legislation.
 
     The HKSAR Government would continue to provide explanation when necessary. It is hoped that members of the public would understand in an objective manner.  




Rescheduling of LegCo Bills Committee meeting

The following is issued on behalf of the Legislative Council Secretariat:
 
     The meeting of the Legislative Council Bills Committee on Statute Law (Miscellaneous Provisions) Bill 2019 originally scheduled for 4.45pm tomorrow (May 26) has been rescheduled.
 




FEHD expresses concern over hospitalisation of outsourced cleaning worker

     The Food and Environmental Hygiene Department (FEHD) said today (May 25) that an outsourced cleaning service contractor worker was found to be sick at Canal Road Public Toilet during her working hours yesterday (May 24). She was admitted to hospital and is in critical condition. The FEHD sent its regards to the worker yesterday and is providing her and her family members with appropriate assistance.
 
     A spokesman for the FEHD said, "We are saddened by the incident and have sent our regards to the worker, wishing her a speedy recovery. We will maintain contact with her family through the service contractor to provide appropriate support and assistance to them as far as practicable."
 




Director of Immigration fully supports draft Decision on establishing and improving legal system and enforcement mechanisms for HKSAR to safeguard national security

     â€‹The National People's Congress (NPC) will deliberate a draft Decision for the Hong Kong Special Administrative Region (HKSAR) to safeguard national security (the Decision).

     The Acting Director of Immigration, Mr Au Ka-wang, supports the Decision and indicated that the Immigration Department (ImmD) will, by adhering to all applicable laws and current immigration policies, continue to safeguard Hong Kong and prevent acts that endanger national security. Mr Au strongly condemned the acts of the rioters and advocates of "Hong Kong independence", and expressed his full support to the Police to strictly enforce the law.

     Mr Au said that the Decision helps to safeguard national and the HKSAR's security. Under the leadership of the Security Bureau, the ImmD will continue to safeguard Hong Kong, the country's southern gateway to the world, and work with other law enforcement agencies to combat activities that undermine national security in order to maintain Hong Kong's prosperity and stability.

     The ImmD fully supports the NPC's draft Decision on establishing and improving the legal system and enforcement mechanisms for the HKSAR to ensure Hong Kong's long-term prosperity and stability, and allow Hong Kong to be back on track and restore its glory.




SED on HKDSE History Examination question setting

     Following is the transcript of remarks by the Secretary for Education, Mr Kevin Yeung, at a media session after attending a special meeting of the Legislative Council Panel on Education today (May 25):
 
Reporter: Could I ask, because you said the question was too complicated, that (since) most students, or at least around 60 per cent, could answer correctly that there was more harm than good brought to China by Japan, are you still saying that the correct argument is that this is too difficult a question for DSE (Hong Kong Diploma of Secondary Education) students?
 
Secretary for Education: My colleagues say it is a very difficult question in the sense that the information provided, the two paragraphs or the two pieces of information provided are very complicated in nature. There are a lot of rationales behind, some saying they are good and some saying they are bad, and there are also some underlying reasons for analysis of why the Japanese did these things at that point in time. So if we ask Secondary Six students to analyse these two pieces of information within a short period of time, and normally these two pieces of information will not be taught in a normal lesson of a school, then it will be very difficult for them to give a very meaningful analysis.
 
(Please also refer to the Chinese portion of the transcript.)