China’s Response to the US State Department’s Statement on the Article 23 legislation of the Hong Kong SAR

On January 30 2024, the government of China’s Hong Kong Special Administrative Region (HKSAR) announced that it is to enact legislation on Article 23 of the Basic Law. On February 28, the US State Department issued a statement entitled “Hong Kong’s Proposed Article 23 Legislation Further Undermines ‘One Country, Two Systems’ Framework”. At the regular press conference on March 1, MFA Spokesperson Mao Ning answers a media question about the legislation as follows:

Q: In a press statement, the Spokesperson of US Department of State said that the US is closely monitoring the implications of Hong Kong’s national security legislation under Article 23 of the Basic Law for US citizens, investments, and companies operating in Hong Kong and is concerned by the broad and vague definitions of “state secrets” and “external interference” and the extraterritorial reach of Article 23. He said that Article 23 risks compounding the 2020 National Security Law that has curtailed the rights and freedoms of people in Hong Kong and undermines the “One Country, Two Systems” framework. What’s the Ministry’s comment?

Mao Ning: China strongly deplores and firmly opposes the US’s statement.

Completing the legislation on Article 23 of the Basic Law and plugging loopholes to safeguard national security is the constitutional responsibility of the government of Hong Kong Special Administrative Region (HKSAR) and what must be done for the lasting stability and security in HKSAR and the sound implementation of One Country, Two Systems in the long run. The just concluded public consultation has shown that the Hong Kong society has reached a strong consensus to complete the legislation.

The legislation on Article 23 targets a handful of criminals gravely endangering our national security and protects in accordance with law the rights and freedoms which the residents of Hong Kong enjoy under the Basic Law and the provisions of relevant international covenants as applied to Hong Kong. Foreign citizens, investments, and companies operating in Hong Kong will also be protected in accordance with law. The extraterritorial effect of Article 23 is in strict compliance with international law and the common practices of all countries and regions. “State secrets” and “external interference” are defined with full consideration given to HKSAR’s realities and the common practices of all countries. The legislation is legitimate, lawful and beyond reproach.

The past three years since the Law of the PRC on Safeguarding National Security in the HKSAR was formulated and came into force is a period when Hong Kong has restored order and is set to thrive again, and when the international community cast a vote of confidence in Hong Kong’s prospects. After the Article 23 legislation is completed, Hong Kong’s high-quality development and high-standard opening up will be better guaranteed and Hong Kong residents and international investors will benefit from it.

The US has issued troves of laws safeguarding its own national security but thrown dirt on and labeled the legislation on Article 23 of the Basic Law. This is out-and-out political manipulation and hypocritical double standards. I want to stress again that Hong Kong is China’s Hong Kong and Hong Kong affairs are purely China’s internal affairs, which no country is in any position to point fingers at or interfere in. We urge the US to respect China’s sovereignty, observe the principles guiding international law and the basic norms governing international relations, and immediately stop interfering in Hong Kong affairs which are China’s internal affairs.