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The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong SAR (the “NSL”) promises to be the most important legal development in Hong Kong since the advent of the Basic Law. Many wondered in the aftermath of the NSL how the foundations of Hong Kong’s system might be changed and in what way the freedoms valued by Hong Kong may be affected. Supporters view the law as essential for the preservation of public order and the national security of China and for supporting the fundamental well-being of “One Country, Two Systems”, an arrangement that has been in place since the return of Hong Kong to China. Critics fear an adverse impact on the spirit of “One Country, Two Systems”.
From a discussion initiated by the University of Hong Kong’s Faculty of Law, this collection of essays brings together leading experts on Hong Kong and Chinese law to offer an exploratory study of the NSL and its impact on the legal system and the principle of the rule of law in Hong Kong.
The book examines the ramifications of the law in relation to constitutional matters, protecting national security and sustaining “One Country, Two Systems”, policing, judicial independence, and extraterritoriality, as well as its wider implications in areas such as academic freedom and the business environment. It explores the interaction between Hong Kong and Chinese law occasioned by the NSL. Finally, the book offers a comparative perspective of the experience of other jurisdictions that have engaged with similar security legislation.
“This collection addresses an important and timely issue, and provides an invaluable resource for all lawyers interested in Hong Kong as they grapple with the momentous changes in its legal landscape. The collection will surely serve as a reference point for further discussion and debate.”
—Victor V. Ramraj, University of Victoria, Canada
1. Introduction: Re-balancing Freedom and Security in Post-NSL Hong Kong
Hualing Fu and Michael Hor
2. The National Security Law of the HKSAR: A Contextual and Legal Study
Albert H. Y. Chen
3. The Hong Kong National Security Law: The Shifted Grundnorm of Hong Kong’s Legal Order and Its Implications
Han Zhu
4. Theories of Sovereignty in the Origins and Implementation of Hong Kong’s National Security Law
Ryan Mitchell
5. Hong Kong’s Constitutional Order after the National Security Law
Jie Cheng
6. National Security and Judicial Independence: A Clash of Fundamental Values
Johannes Chan
7. Judging Hong Kong’s National Security Law
Po Jen Yap
8. Police Powers under the National Security Law: A Commentary
Simon N. M. Young
9. The Return of High Policing in Hong Kong
Hualing Fu and Xiaobo Zhai
10. State Secrets in the Hong Kong National Security Law
Zheng Tang and Xu Huang
11. Extraterritorial Application of the Hong Kong National Security Law: A Legal Appraisal
Bing Ling
12. Academic Freedom in the Shadow of Hong Kong’s National Security Law
Kelley Loper and Carole J. Petersen
13. The Business of National Security in Hong Kong: Do Human Rights Matter?
Surya Deva
14. Echoes Enhanced to a Cacophony: Hong Kong’s Security Law Compared to Illiberal Elements of the Security Laws of Liberal Democracies
Kent Roach
15. Media Freedom and Censorship under Post-Orwellian Authoritarianism
Cherian George
16. The New National Security Law: Exploring a Meaningful Comparison with Singapore
Michael Hor
List of Abbreviations
List of Contributors
Index