Hong Kong Special Administrative Region (HKSAR) is at the center of an international discussion following the United States' recent statement regarding the proposed Article 23 legislation. On February 28, 2024, the U.S. State Department highlighted potential impacts of the legislation on American citizens and businesses operating in Hong Kong, citing concerns over vaguely defined provisions and possible extraterritorial implications.
In response, Chinese Foreign Ministry spokesperson Mao Ning defended the legislation, emphasizing that it aligns with the constitutional duties of the HKSAR to safeguard national security. Mao criticized the U.S. for what was described as political manipulation and double standards, asserting that the proposed laws do not violate China's international commitments or the \"One Country, Two Systems\" framework.
Article 23 of the Basic Law mandates the HKSAR to enact laws against acts of treason, secession, sedition, and subversion. Despite this requirement since the 1997 handover, Hong Kong has yet to implement specific legislation under this article. The existing Hong Kong National Security Law, established in 2020, provides a broader national security framework but is considered a national rather than a local law, necessitating additional local legislation as per Article 23.
Proponents argue that enacting Article 23 legislation is essential for maintaining national security and fulfilling constitutional obligations. Critics, including international observers, remain wary of the potential for such laws to extend beyond Hong Kong's borders and impact foreign entities. The ongoing dialogue underscores the delicate balance between national sovereignty and international relations within the framework of the Basic Law.
Reference(s):
HKSAR's Article 23: Upholding constitution amid international scrutiny
cgtn.com
