HKSAR Government strongly disapproves of and rejects annual report of European Commission
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A spokesman for the HKSAR Government stressed, "The HKSAR is an inalienable part of the People's Republic of China. It 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 legal basis for implementing 'one country, two systems' comprises the Constitution and the Basic Law, which provide constitutional guarantee for fundamental rights and freedoms, including the right to equality before the law, and is buttressed by the rule of law and independent judicial power.
"The HKSAR Government will resolutely, fully and faithfully implement the Hong Kong National Security Law (HKNSL) and the Safeguarding National Security Ordinance (SNSO) so as to address, combat, deter and prevent in accordance with the law acts and activities endangering national security. At the same time, it will safeguard the rights and freedoms enjoyed by Hong Kong people in accordance with the law. Its overarching goal is to ensure the steadfast and successful implementation of 'one country, two systems'. The HKSAR Government strongly urges the EU to respect facts, abide by the international law and basic norms governing international relations that it claims to uphold, and immediately stop its long-arm jurisdiction and interference in Hong Kong matters, which are purely China's internal affairs."
Safeguarding Due Administration of Justice and Rule of Law
The HKSAR Government spokesman pointed out, "The HKSAR Government safeguards independent judicial power and fully supports the Judiciary in exercising its judicial power independently, safeguarding the due administration of justice and the rule of law. Establishing the mechanism for safeguarding national security in the HKSAR will not undermine the independent judicial power. Our judicial system continues to be protected by the Basic Law. When adjudicating cases concerning offence endangering national security, as in any other cases, judges remain independent and impartial in performing their judicial duties, free from any interference. The implementation of the HKNSL over the past five years has proven that the courts have handled all the cases involving the HKNSL strictly in accordance with the above principles.
"As a matter of fact, the principle of judicial deference to the executive's assessment on national security is well established in common law jurisdictions. The Court of Appeal in an important judgment decided in May 2024 that there are at least three areas where the court would make judgment while giving the executive deference on assessment on national security: first, where a fundamental right of the person affected by the measure is engaged; second, where the requirement of a fair trial is in issue; and third, where the question of open justice is raised.
The spokesman stressed, "The rule of law in Hong Kong is strong and robust, and withstands the test of time. There is no truth in saying that there is any decline in the rule of law in Hong Kong, or that Hong Kong is becoming a 'totalitarian' city. Hong Kong's common law system has been built and maintained over the years by the joint efforts of the Judiciary and legal professions, including judges at all levels of courts, and it will not be changed because of the departure of individual overseas non-permanent judges. Despite some departures, two overseas non-permanent judges were appointed last year and this year.
"The Judiciary 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, "The HKSAR Government steadfastly safeguards the rights and freedoms enjoyed by Hong Kong people as protected under the law. Since Hong Kong's return to the motherland, human rights in the city have always been robustly guaranteed constitutionally by both the Constitution and the Basic Law. At the same time, HKSAR's laws to safeguard national security attach special importance to human rights. Article 4 of the HKNSL and the section 2 of the SNSO clearly stipulate that human rights shall be respected and protected in safeguarding national security in the HKSAR, and that the rights and freedoms, including the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration, that Hong Kong residents enjoy under the Basic Law and the provisions of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong, shall be protected in accordance with the law. Nonetheless, just as the case with other places in the world, such rights and freedoms are not absolute. The ICCPR also expressly states that some of them may be subject to restrictions as prescribed by law that are necessary for the protection of national security, public safety, public order or the rights and freedoms of others, etc.
"Since the implementation of the HKNSL and the SNSO, the media landscape in Hong Kong has remained vibrant. However, some people with ulterior motives deliberately fabricated facts about freedom of the press and speech in Hong Kong. Like all other places in the world, freedom of the press and speech are not absolute. The media, like everyone else, has an obligation to abide by all the laws. The media continue to enjoy the freedom to comment on and criticise government policies without any restriction, as long as this is not in violation of the law. The court further cited precedents from the European Court of Human Rights regarding press freedom in the reasons for verdict of a relevant case, pointing out that the European Convention on Human Rights does not guarantee a wholly unrestricted freedom of speech even with respect to press coverage on matters of serious public concern. The most crucial point is that journalists must act in good faith and on accurate factual basis and provide reliable and precise information in accordance with the tenets of 'responsible journalism' in order to enjoy the protection of their rights to freedom of speech and press freedom."
Laws safeguarding national security
A spokesman for the HKSAR Government said, "In accordance with international law and international relations based on the Charter of the United Nations, it is each and every sovereign state's inherent right to enact laws safeguarding national security, and it is also an international practice. The EU exposed their double standards as they pointed fingers at Hong Kong's legal system and enforcement mechanisms to safeguard national security, while totally disregarding the constitutional duty and practical needs of the city to legislate, and the positive effects brought by the enactment of the national security legislation on economic development and the protection of human rights.
"In 2020, the Central Authorities decisively enacted the HKNSL and the HKSAR Government soon afterwards promulgated it for implementation. The HKNSL has addressed the shortcomings and plugged the loopholes in the legal system and enforcement mechanisms for safeguarding national security of the HKSAR. Its effect in stopping violence and curbing disorder was immediate, and has restored the rights and freedoms that Hong Kong citizens were unable to enjoy during the period of 'black-clad violence'. The implementation of HKNSL was a 'watershed moment' in Hong Kong's transition from chaos to order, as stability and safety of the city have been restored by the law. In 2024, the HKSAR fulfilled its constitutional duty by enacting the SNSO, thereby improving the legal system and enforcement mechanisms for safeguarding national security. As a matter of fact, during the public consultation of the Basic Law Article 23 legislation, 98.6 per cent of the submissions of opinions showed support and gave positive comments, reflecting a strong consensus in society for the legislation, and it is also the aspiration of the people.
"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'. Article 5 of the HKNSL and section 2 of the SNSO clearly stipulate that the principle of the rule of law shall be adhered to in preventing, suppressing and imposing punishment for offences endangering national security. The HKSAR law enforcement agencies have been taking law enforcement actions based on evidence and strictly in accordance with the law in respect of the acts of the persons or entities concerned, which have nothing to do with their political stance, background or occupation.
"As the legal proceedings concerning cases involving Lai Chee-ying, '35+' conspiracy to commit subversion and the Hong Kong Alliance are still ongoing, it is inappropriate for any person to comment on the details of the cases. The HKSAR Government must emphasise that all cases are handled strictly on the basis of evidence and in accordance with the law. The Department of Justice takes charge of criminal prosecutions, free from any interference by virtue of Article 63 of the Basic Law. All prosecutorial decisions are based on an objective analysis of all admissible evidence and applicable laws. All cases concerning offence endangering national security will be handled by the prosecution and judicial authorities of the HKSAR in a fair and timely manner in strict compliance with Article 42(1) of the HKNSL, with the procedural rights of defendants exercised in accordance with the law fully respected throughout the process. The situation of so-called 'delays in trials' does not exist at all.
"Extraterritorial effect for the offences under HKNSL and SNSO fully aligns with the principles of international law, international practice and common practice adopted in various countries and regions. It is both necessary and legitimate, and is also in line with those of other countries and regions around the world. It can be seen that the national security laws of various countries, including the member states of the EU, also have extraterritorial effect under the 'personality principle' and the 'protective principle'.
"As the law enforcement department of the HKSAR safeguarding national security, the Police are duty bound to pursue the liability of those who have allegedly endangered national security overseas. Those absconders are hiding overseas are wanted because they continue to blatantly engage in activities endangering national security, including inciting secession and requesting foreign countries to impose 'sanctions' or blockade and engage in other hostile activities against the People's Republic of China and the HKSAR. More so, they continue to collude with external forces to be covered for their evil deeds. Their malicious acts to endanger national security have been seen through by all, and there is no doubt that they have clearly and seriously endangered national security. As the law enforcement department of the HKSAR safeguarding national security, the Police are duty bound to put the persons concerned on the wanted list in accordance with the law and it is necessary to take all lawful measures, including the measures specified under section 89 of the SNSO, to strongly combat the acts of abscondment. The action is fully justified, necessary and legitimate. The extraterritorial effect for the laws safeguarding national security fully aligns with the principles of international law, international practice and common practice adopted in various countries and regions. Quite a number of countries would also impose similar measures on wanted criminals, including cancellation of passports.
"The Correctional Services Department (CSD) attaches great importance to the safety and health of persons-in-custody (PICs). Regardless of the identities, ages and nationalities of PICs, the CSD is committed to ensuring that the custodial environment is secure, safe, humane, appropriate and healthy, and that an environment with good ventilation, as well as appropriate and timely medical support will be provided. In the interests of a particular prisoner or for the maintenance of good order and discipline, the Commissioner of Correctional Services is empowered to make arrangements under rule 68B of the Prison Rules that such prisoner should not associate with other prisoners (i.e. the so-called 'solitary confinement'). One of the purposes of the relevant arrangement is to ensure the personal safety and well-being of the PICs, which can be requested by the PICs themselves and approved by the Commissioner after considering the matter in accordance with the law; or the Commissioner may make such arrangements after considering the relevant factors in accordance with the legal requirements and procedures. The CSD has also put in place an established mechanism, including regular independent visitors, namely Justices of the Peace, who inspect the prisons to ensure the rights of PICs are protected.
"As regards the sedition offence, the courts of the HKSAR have ruled in different cases that the provisions relating to sedition are consistent with the relevant provisions of the Basic Law and the Hong Kong Bill of Rights on the protection of human rights, and that a proportionate and reasonable balance has been struck between safeguarding national security and protection of the freedom of speech. The offence does not in any way seek to silence expressions of what are merely genuine criticisms against the Government based on objective facts. In fact, the court's reasons for verdict in a recent Court of Appeal case has pointed out that criticising the Government, the administration of justice including court judgments, or engaging in debates about or raising objections to Government policies or decisions, however strong, vigorous or critical they may be, does not constitute a seditious intention. This provides further clarity in differentiating between lawful and unlawful speech.
"As regards the interim injunction relating to a song granted by the Court of Appeal, the HKSAR Government reiterates that the interim injunction covers four types of specified criminal acts in relation to the concerned song. The injunction pursues the legitimate aim of safeguarding national security and is necessary, reasonable, legitimate, proportionate and consistent with the requirements of the Hong Kong Bill of Rights. Internationally, many jurisdictions also have legal mechanisms in place to prohibit the dissemination of information that is illegal, offensive, incites violence, incites hatred or harms the public interest. For example, the EU's Digital Services Act stipulates that upon the receipt of an order to act against a specific item(s) of illegal content, providers of intermediary services shall inform the authority of any effect given to the order without undue delay; it also requires providers of hosting services to put mechanisms in place to combat illegal contents and respond to notices received in a timely manner, including removing and disabling access to the relevant content. The unreasonable criticisms made by the EU against the legitimate legal actions taken by the HKSAR Government shows clearly the double standards held.
"As for prisoners sentenced to imprisonment by the court in accordance with the law, they would not have a right to remission. Non-referral of a prisoner having committed offence endangering national security case to the Post-release Supervision Board is a preventive measure and serves as an adjunct to the rehabilitation of the prisoner. The non-referral does not of itself increase the sentence and should not be regarded as punishment. The court also agreed that the Commissioner of Correctional Services, in performing a function conferred by the Prisons Ordinance and the Post-release Supervision of Prisoners Ordinance, has a duty to safeguard national security and must regard national security as the most important factor and give appropriate consideration to it accordingly. The Correctional Services Department has been handling relevant cases in accordance with the law and established mechanisms. In deciding whether the early release of individual prisoners would be contrary to the interests of national security, the Commissioner will carry out his relevant duties in strict accordance with the laws and deal with every case fairly and impartially.
"The attempts by external forces to 'use Hong Kong to contain China' are doomed to fail, leaving them with no option but to smear the HKNSL, SNSO and other related laws. However, the facts are clear for all to see, and both Hong Kong citizens and international investors have a discerning eye. Over five years of its implementation, the HKNSL has restored the rights and freedoms that Hong Kong citizens were unable to enjoy during the period of 'black-clad violence', and has enabled the livelihood and economic activities of the Hong Kong community at large to swiftly return to normal and the business environment to be restored and improved continuously. According to the World Competitiveness Yearbook 2025, Hong Kong's ranking improved by two places to third globally. Also, Hong Kong continues to rank among the top three international financial centres and comes fourth in initial public offering in the world. These internationally recognised achievements are built upon the freedom and stability brought to Hong Kong society by the HKNSL, other relevant laws of the HKSAR, and the work of safeguarding national security. They also provide investors and businesses worldwide with ample confidence to develop their operations in Hong Kong and leverage on Hong Kong's institutional advantages under 'one country, two systems' to explore the vast mainland China market, including the Guangdong-Hong Kong-Macao Greater Bay Area.
"The EU repeatedly uses its so‑called annual reports to smear the HKSAR, which has been faithfully, dutifully and lawfully safeguarding national security, while turning a blind eye to the fact that the relevant laws have allowed the daily lives and economic activities of the broad masses of Hong Kong residents to return to normal and have restored the business environment. This is a classic example of hypocritical 'double standards'. The EU must immediately act reasonably and sensibly, and stop smearing the laws safeguarding national security in the HKSAR.
Enhancing National Education
The HKSAR Government spokesman pointed out, "Schools are places for students to learn and grow. It is the obligation of schools to provide a safe and orderly school environment and atmosphere, and to maintain a campus free from political interference or illegal activities, for safeguarding students' well-being. National education has been an important part of the curricula for primary and secondary schools as well as kindergartens with a view to deepening our students' understanding of the country's national affairs, history and culture, the Constitution and the Basic Law, as well as national security, thereby building up students' cultural confidence to foster a sense of national identity, and cultivating them into a new generation that is able and virtuous with a sense of responsibility, visions and love for the country and the city. Teachers are also important role models for their students, playing a vital role in passing on knowledge and nurturing students' character. The HKSAR Government has the responsibility to ensure the professional conduct of teachers. Implementation of national education, including national security education, is the legitimate duty of education authorities all over the world. Different places attach great importance to implementing national security education and developing their students' sense of national identity, including knowledge of their respective constitution, their own history, culture, geography, etc.
"Academic freedom is an important social value treasured in Hong Kong and the cornerstone of our higher education sector. Since the implementation of the HKNSL, academics or post-secondary education institutions in Hong Kong continue to conduct normal exchange activities with their foreign or external counterparts. Meanwhile, post-secondary institutions in Hong Kong have taken a series of measures to incorporate national security education into students' learning in fulfilment of their statutory duty. These institutions enjoy autonomy on curriculum design, and the HKSAR Government encourages the institutions to provide students with diversified learning opportunities on national security education."
Maintaining Long-term Prosperity and Stability
The HKSAR Government spokesman stressed, "Since the return of Hong Kong to the motherland, the HKSAR Government has been fully, faithfully and resolutely implementing the principles of 'one country, two systems', 'Hong Kong people administering Hong Kong' and a high degree of autonomy in accordance with the Constitution and the Basic Law to ensure the long-term prosperity and stability of Hong Kong. Hong Kong has entered a new stage of advancing from stability to prosperity.
"Under 'one country, two systems', Hong Kong has the distinctive advantage of enjoying strong support of the motherland and being closely connected to the world. Hong Kong is a member in the World Trade Organization and the Asia Pacific Economic Cooperation in its own right. With the unparalleled connectivity to the Mainland and the rest of the world, Hong Kong will continue to play its unique role as "super-connector" and "super value-adder". The stable environment benefitted from the implementation of HKNSL has served Hong Kong well to produce strong and ever-growing trade performance with the world, including that the EU continues to be one of Hong Kong's top trading partners. In addition, according to the Economic Freedom of the World 2024 Annual Report released by the Fraser Institute, Hong Kong is ranked the freest economy in the world, ranking first in "freedom to trade internationally" and "regulation". Also, in the World Competitiveness Yearbook 2025, Hong Kong's overall ranking has moved up by two places from the previous year to become one of the world's top three most competitive economies, and it even tops the rankings in "business legislation" and "tax policy". Hong Kong will continue to leverage its strengths to enhance its role as international financial, maritime and trade centres, among others, whilst proactively integrating into the overall development of our nation, including the Guangdong-Hong Kong-Macao Greater Bay Area development, the high-quality development of the Belt and Road Initiative, etc.. The HKSAR Government will also continue to create strong impetus for growth at full steam and proactively compete for enterprises and talents to strengthen the city's competitiveness."
The spokesman reiterated, "Any attempt by foreign countries or external forces to undermine Hong Kong's prosperity and stability by slandering the city will only expose their own weakness and faulty arguments and be doomed to fail. The HKSAR Government will continue to discharge its duty, in adherence to the principle of the rule of law, to steadfastly ensure the successful implementation of the principles of 'one country, two systems', 'Hong Kong people administering Hong Kong' and a high degree of autonomy. It will continue to create strong impetus for growth at full steam, forge a better integration of a capable government and an efficient market, and proactively compete for enterprises and talent to strengthen the city's competitiveness. It will take the city's economic development to new heights, better serving Hong Kong citizens and fostering the city's development."
Ends/Tuesday, September 9, 2025
Issued at HKT 23:13
Issued at HKT 23:13
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