We have received a letter from The Law Society of Hong Kong with preliminary observations on National Security Legislation. The National People’s Congress (“NPC”) of the People’s Republic of China (“PRC”) on 28 May 2020 made the decision on “Establishing and Improving a Legal System and Enforcement Mechanisms for the Hong Kong Special Administrative Region to Safeguard National Security”. Under the Decision, among other things, the NPC Standing Committee (“NPCSC”) is to formulate a law on national security (the “Legislation”). When formulated, the Legislation is to be introduced into Annex III of the Basic Law and take effect in the HKSAR by promulgation. According to the NPC, it made the Decision in accordance with Articles 31 and 62(2), (14) and (16) of the Constitution of the PRC (the “Constitution”), as well as the relevant provisions of the Basic Law of the HKSAR.
Please read preliminary comments of the Law Society that are included in its letter.