Prof Albert Chen, member of CCPL Board of Management and CCPL Fellow, published a book chapter “The National Security Law of the HKSAR: A Contextual and Legal Study” in The National Security Law of Hong Kong: Restoration and Transformation (HKU Press, 2022).
The adoption by the National People’s Congress (NPC) in May 2020 of a Decision on Safeguarding National Security in the Hong Kong Special Administrative Region (HKSAR) and the enactment shortly thereafter by the Standing Committee of the National People’s Congress (NPCSC) of the HKSAR National Security Law (NSL) were momentous events in the history of the HKSAR, marking a new era in the implementation of the “One Country, Two Systems” (OCTS) policy. Critics have suggested that these acts by the government of the People’s Republic of China (PRC) portend the end of OCTS. On the other hand, defenders of the Chinese action argue that, given the riots and turmoil Hong Kong had experienced in 2019, the imposition of the NSL was necessary and was designed to and likely to ensure the continued operation of OCTS.
This chapter attempts to understand the nature, significance, and implications of the NSL. Part I situates the Chinese action within the relevant constitutional, legal, political and historical contexts. Part II examines the NSL in the light of Chinese law relating to matters of national security. Part III considers the impact of the NSL on Hong Kong’s existing law. Part IV concludes by reflecting on the significance and implications of the NSL in the context of the evolution of the OCTS policy and changing circumstances in Hong Kong.
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