The State and Hong Kong

The Hong Kong Special Administrative Region (HKSAR) was established under the “Decision of the National People’s Congress on the Establishment of the Hong Kong Special Administrative Region” pursuant to Article 31 of the Constitution. The Basic Law was passed as a national law pursuant to Articles 31 and 62(14) of the Constitution.

According to the theory of public international law, a “state” is constituted by four essential elements, namely people (人民), territory (領土), sovereignty (主權) and regime (政權). Hong Kong has been a territory of China since ancient times. The HKSAR is an inalienable part of the People’s Republic of China [Article 1, Basic Law], and shall be a local administrative region of the People’s Republic of China, which shall enjoy a high degree of autonomy and come directly under the Central People’s Government. [Article 12, Basic Law]

What is national security?

“National security” means a status in which the regime, sovereignty, unity, territorial integrity, welfare of the people, sustainable economic and social development, and other major interests of the State are relatively not faced with any danger and not threatened internally or externally, and the capability to maintain a sustained status of security. [Article 2, National Security Law of the People’s Republic of China]

How do other countries define and safeguard national security?

As the national security threats faced by various countries are different, their definition of national security varies. Examples include gaining military and national defence advantages; protecting individuals, community and the State from threats; and maintaining the basic political system of the State.

Although the concept of national security varies from country to country, every country attaches great importance to national security and adopts all possible means to safeguard it. Many countries, including the United States, the United Kingdom, Canada and Australia, etc., safeguard their national security by adopting an integrated approach encompassing measures in the legal, political, economic, diplomatic and national defence aspects.

Why is national security important?

It is only with social stability that people can live in peace. Without a country, there is no family. When a country’s core interests such as its territory, sovereignty or regime are at risk, national security will be threatened and there is no way that people’s security can be ensured. Safeguarding national security is a basic responsibility of every Hong Kong resident.