After the implementation of Article 23 of the Basic Law in Hong Kong for a month, senior media figure Cheng Xiang expressed that the Chinese Communist Party (CCP) has enforced its ideology on Hong Kong through the National Security Law and Article 23, revealing the shameless and dictatorial nature of the CCP.
Cheng Xiang, a graduate of the University of Hong Kong, joined the Hong Kong Wen Wei Po in 1974 and served as the director of the Beijing office. After leaving Wen Wei Po following the events of June 4th, 1989, he founded “Contemporary” magazine. In 1996, he became the chief correspondent for China at the Singapore Strait Times and was stationed in Taiwan. He retired in 2014 and currently resides in the United States.
Cheng Xiang pointed out that Article 5 of the Basic Law stipulates that Hong Kong does not implement a socialist system; however, in reality, the National Security Law and Article 23 have imposed the socialist system on Hong Kong.
According to the provisions of the National Security Law, a National Security Office directly under the CCP was established in Hong Kong in July 2020. This office has the authority to enforce laws directly and can conduct law enforcement based on mainland laws and judicial procedures. Cheng Xiang stated that the CCP established the National Security Office through the National Security Law to impose the socialist system on the people of Hong Kong.
Cheng Xiang listed ten provisions in the National Security Law, each designed to integrate Hong Kong into the CCP’s party-state system.
1. The organization and personnel of the National Security Office are appointed directly by the central government and not under the control of the SAR government (NSL 48).
2. It can directly handle cases in Hong Kong (NSL 55, 56).
3. It can apply mainland laws and judicial procedures when handling cases (using the mainland’s public, procuratorial, and judicial system) (NSL 56, 57).
4. Legal documents issued by it have legal effect in the SAR (NSL 57).
5. When handling cases in Hong Kong, it is not subject to any laws of Hong Kong (NSL 60).
6. When handling cases in Hong Kong, various departments of the Hong Kong government must assist and cooperate (NSL 60).
7. If necessary, it can deploy the People’s Armed Police from areas outside Hong Kong (i.e., the mainland) to assist in its operations (NSL 16).
8. According to Articles 55 to 57 of the National Security Law, suspects may be sent to the mainland for trial.
9. Before the SAR Government appoints the heads of the Police Force’s National Security Branch (NSL 16) and the Prosecution Division of the Department of Justice for national security crimes (NSL 18), the Chief Executive must seek the opinion of the National Security Office in writing (direct interference in SAR personnel appointments).
10. The National Security Office must also strengthen its management of foreign institutions, international organizations, non-governmental organizations, and foreign media in Hong Kong (NSL 54).
Cheng Xiang stated that these regulations in the National Security Law entirely belong to the socialist system, applying the CCP’s methods of handling national security within the socialist system to Hong Kong. These legal provisions completely violate an important commitment of the Basic Law, that is, the CCP does not implement the socialist system in Hong Kong.
Article 23 of the Basic Law states that this provision is based on Xi Jinping’s “comprehensive national security view,” defining acts and activities that harm national security.
Xi Jinping’s “comprehensive security view” covers a wide range of areas, involving nearly every aspect of social life.
Cheng Xiang mentioned that Xi Jinping’s “comprehensive security view” touches on every aspect of people’s lives, with the most crucial being political security. Political security primarily focuses on the security of the Communist Party in power and the security of Xi Jinping’s position in power. Therefore, Xi Jinping’s “comprehensive security view” is also known as the “Party Safety Law.”
He explained that in the past, Hong Kong could criticize the Communist Party and its leader, Xi Jinping. However, criticizing the CCP and Xi Jinping has now become a violation of national security. This indicates that “the ideology of the CCP has infiltrated Hong Kong.”
He believes that Article 23 claims to be guided by Xi Jinping’s comprehensive national security view, but in reality, it has imposed the CCP’s ideology on Hong Kong in the form of laws.
The Basic Law stipulates that the central government administers Hong Kong’s defense and foreign affairs, while other internal affairs fall under the jurisdiction of the Hong Kong government. However, after the National Security Law was passed, the Hong Kong government established a National Security Committee responsible for managing social security issues in Hong Kong. Although this institution belongs to the Hong Kong government, it operates under the leadership of the National Security Office, that is, under central leadership.
Cheng Xiang stated that the establishment of the National Security Committee itself violates Article 22 of the Basic Law, which prohibits any CCP entity from interfering in Hong Kong’s internal administrative affairs.
He further added that the advisors of the National Security Committee are directly appointed by the State Council and are led by the director of the Liaison Office. The National Security Committee’s acceptance of the National Security Office’s leadership is, in actuality, a means for direct CCP intervention in Hong Kong governance, stripping the Hong Kong government of its jurisdiction in internal security matters.