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Opinion | To Hong Kong’s critics, some national security laws are more equal than others

  • Those who attack the national security law for Hong Kong seem oblivious to the legal landscape in their own countries
  • Julian Assange is fighting extradition to the US for violating its 1917 Espionage Act, while in the UK a strict national security regime also prevails

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Pedestrians ride an escalator past a poster promoting the national security law poster in Wan Chai MTR station on July 2, 2020. Photographer: Bloomberg
Since the national security law for Hong Kong was enacted in 2020, it has more than proved its worth. It has not only ensured the survival of the “one country, two systems” policy, but also restored the city’s equilibrium.
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Its success was such that, in 2022, President Xi Jinping made it clear that one country, two systems, which the Sino-British Joint Declaration of 1984 envisaged lasting for 50 years, “must be adhered to over the long run”.

Although the national security law is heavy on human rights, Western countries often demonise it. Despite having tough national security regimes of their own, they reacted to the enactment of the law for Hong Kong.

The United States, for example, ended the city’s trading preferences and handicapped its exports, banning “Made in Hong Kong” labelling. The United Kingdom urged British judges to resign from Hong Kong’s Court of Final Appeal, pressured a British barrister into withdrawing from a prosecution, and suspended its fugitive surrender agreement with Hong Kong.

Although British Foreign Secretary James Cleverly claimed in September that the national security law “continues to undermine Hong Kong’s legal and judicial systems”, this is not how its operators see things.

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Since the enactment of the law, the judiciary has skilfully interpreted its provisions in a way that respects common law traditions. Indeed, in 2021, the Court of Final Appeal noted that “it is evident that the legislative intention is for the [national security law] to operate in tandem with the laws of the [Hong Kong special administrative region], seeking ‘convergence, compatibility and complementarity’ with local laws”.

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