This is China, Episode 64 (5th July 2020).
张维为《这就是中国》第64期：香港，明天会更好
Zhang Weiwei:
On May 28, the session of the National people’s Congress adopted an important Hong Kong-related resolution, the full name of which is “Resolution on establishment and improvement in the legal system and enforcement mechanism for safeguarding national security in the Hong Kong Special Administrative region”. When it was approved, it was very encouraging to hear long and warm applause by the participants, which reflected the will of the whole Chinese people.
This reminds me that when the issue of “legislative amendments” in Hong Kong intensified last year, we expressed our views on the programme “This is China”. At that time, I said that Hong Kong was in a mess, but a bad thing could be turned into a good thing. During the unrest, Hong Kong rioters illegally blocked streets, beat mainland residents and besieged the police on duty, resulting in paralysis of the airport, heavy damage to Hong Kong’s economy, a sharp decline in Hong Kong’s image in the mainland and a great decline in Hong Kong’s international image. The Central Government made it very clear that if the situation in Hong Kong deteriorated further and the disturbances were beyond the control of the Hong Kong SAR Government, the Central Government will never sit idly by. According to the provisions of the Basic Law, the Central Government has enough methods and power to quickly quell all kinds of disturbances that may arise. At that time, we also put forward a point of view in the program that the crisis in Hong Kong is in fact a window of opportunity. We should make good use of it, analyse and reflect on all the problems exposed by this unrest, and conduct large-scale research. We will strive to find an overall solution to solve both the symptoms and root causes of various problems, so as to relentlessly deal big blow to the forces of “Hong Kong independence”. Truly implement the comprehensive and accurate implementation of “One country, Two systems” proposed by President Xi Jinping.
I said that within the scope of the Constitution of the people’s Republic of China and the basic Law of Hong Kong, there is enough room for us to make a decision before we move further. Now it seems that after careful investigation and consideration, the Central Committee has come up with a plan that represents the will of the people of the whole country. And it’s a plan to get to the bottom of it. As soon as it was put forward, it brought great shock and awe to the “Hong Kong Independence” forces, dealt a steady and firm blow. It also played a shocking role in curbing the Western forces that supported “Hong Kong independence”, and also had a deterrent effect on the “Taiwan independence” forces. The overall effect is very good. The promulgation of the Hong Kong National Security Law is a major event for Hong Kong, and its impact is epoch-making, indicating that “One country, two systems” has entered a new historical stage in Hong Kong.
The content of the decision is very encouraging. For example, Article 2 stipulates that “the State firmly opposes any foreign or foreign forces interfering in the affairs of the Hong Kong Special Administrative region in any way, and takes necessary measures to counter it. It will prevent, stop and punish foreign and overseas forces from using Hong Kong to carry out separatist, subversive, infiltrating and sabotage activities in accordance with the law”. But please note that these three key verbs-prevent, stop, punish, that is, we often say to prevent in advance, stop in the event, punish afterwards, which in effect is highly comprehensive. Article 4 also stipulates that “the relevant organs of the Central people’s Government for safeguarding national security shall, as necessary, set up offices in the Hong Kong Special Administrative region to perform their duties related to safeguarding national security in accordance with the law”. This is also very good. National security institutions will exist in Hong Kong, that is, we are talking about not only laws, but also firm enforcement mechanisms.
After the announcement of the resolution, some Western countries said that China had violated “one country, two systems”, and the United States also claimed that it would sanction China. As a matter of fact, the United States and other Western countries have great interests in Hong Kong. Hong Kong is one of the largest source of the United States’ foreign trade surplus. We will eventually see who will sanction whom on the Hong Kong issue. The United States and other Western countries also claim that the Hong Kong national security law has made Hong Kong lose its status of autonomy, which is absurd. In any country, national security legislation belongs to the power of the state. After Hong Kong’s return to the motherland, the central government authorized the Hong Kong Special Administrative region to legislate for the maintenance of national security through Article 23 of the Basic Law of Hong Kong. But it is regrettable that in the 23 years since Hong Kong’s return to the motherland, this has not been completed. As a result, Hong Kong is completely defenseless in safeguarding national security, which can never be allowed in any country.
For quite a long time in the past, in the way of governing Hong Kong, there always seemed to be a mentality that since it had been authorized to Hong Kong, it could only be done by relying on Hong Kong itself. As a result, things were done more or less along the line of thinking left behind by the British. For example, the absolute majority of the Legislative Council need to be obtained first, and then promote the legislation of the “23 articles”; but after one disappointing election result after another, this could not be done. Not only has this piece of legislation could not be completed, but due to interference by hostile forces, the “Article 23” legislation became stigmatized and demonized, resulting in the law could never be implemented.
This time, the central authority has taken a fresh way of thinking in turning to another way, showing a high degree of institutional self-confidence. The National people’s Congress enacted laws directly at the national level, completely plugging the loopholes in the country’s security, and setting the tone with one stroke, thus opening up a new pattern for Hong Kong’s “second return.” This way is also very enlightening for us to solve other related issues, including the Taiwan issue. “Hong Kong independence” is a paper tiger, “Taiwan independence” is a paper tiger, and Western anti-China forces that support “Hong Kong independence”, “Taiwan independence”, “Tibet independence” and “Xinjiang independence” are also paper tigers, and we must act when we should.
In this program last year, I expressed such a view: the vast majority of Hong Kong compatriots are opposed to “Hong Kong independence”, but this opposition force has not formed a strong enough joint force. For example, almost overnight, “Hong Kong independence” became street rats and people shouting in places all over the world where there were Chinese, but unfortunately, this was not achieved in Hong Kong at that time. The decision on Hong Kong’s national security law and the national security law itself have given great encouragement to all Hong Kong compatriots who support “one country, two systems” and began to form a joint force. I have seen an opinion poll conducted by the Hong Kong Social Sciences opinion Survey Centre, which shows that 64.7% of the respondents believe that as a special administrative region of the people’s Republic of China, Hong Kong has the responsibility to safeguard national security and ensure that national interests are not harmed. Hong Kong Chief Executive Carrie Lam also expressed his full support for and cooperation with the legislation of Hong Kong’s national security law, and the Hong Kong Security Bureau and the five major disciplined services of Hong Kong also issued statements expressing their full support. The presidents of the five major universities in Hong Kong– the University of Hong Kong, the Chinese University of Hong Kong, the Hong Kong University of Education, the Hong Kong Polytechnic University and Lingnan University– also issued a joint statement supporting “one country, two systems” and understanding the need for a national security law. Some entertainers, such as Jackie Chan, Wang Mingquan, and Zeng Zhiwei, also issued a statement supporting this decision, calling on all sectors of the Hong Kong community to take this opportunity to enhance tolerance and understanding, so that Hong Kong can return to the right track of civilized legal system and start anew.
From the sighs of the “Hong Kong independence” forces, we can see that they are afraid. Some people say that the former “oppose the China repatriation legislation”, has now become “all returning back to China”. Of course, this is an exaggeration. What we are talking about is “performing national security-related duties in accordance with the law,” so we cannot exaggerate or diminish it, and focus on performing responsibilities in accordance with the law. This decision has made the “Hong Kong independence” forces and disorderly forces in Hong Kong panic all day long, and many “Hong Kong independence” elements are actively planning to flee to Taiwan. I really hope that the Taiwan authorities can generously accept them. in the end, it is beneficial for us to put the “Hong Kong independence” elements and “Taiwan independence” elements into the same pot.
The content of new security act is very rich, and we can discuss some of the key contents together. At the meeting, a responsible person of the Legislative Affairs Committee of the National people’s Congress made an explanation on the draft Law of the Hong Kong Special Administrative (SAR)region of the people’s Republic of China on the maintenance of National Security, many of which are of great significance. First of all, the Hong Kong SAR will set up a Council for the maintenance of National Security, and a National Security Advisor to be appointed by the Central people’s Government, shall advice on the duties and related affairs of the Council for the maintenance of National Security of the Hong Kong Special Administrative region. In addition, the Police Force of the Hong Kong SAR Government should set up a department to safeguard national security and be equipped with law enforcement forces. the Department of Justice of the Hong Kong Special Administrative region is roughly equivalent to the judicial and supervisory departments of the mainland. The Department of Justice should set up a special prosecution department for national security crimes to undertake the prosecution of national security crimes and other responsibilities.
We remember that during the riots in Hong Kong last year, there were repeated cases of “the police making arrest only to see judges releasing law breakers”, which aroused great anger among the Chinese people. Many people suggested that foreign judges should be prohibited from participating in the trial of national security law cases. This time, the Hong Kong National Security Law states that judges participating in hearing national security cases will be appointed by the Chief Executive of Hong Kong. The Chief Executive of the Hong Kong Special Administrative region shall appoint a number of judges from among the incumbent or qualified former magistrates, District Court judges, High Court judges and former Court of Litigation judges to handle cases of crimes endangering national security. This is a better solution, which not only reflects our respect for “one country, two systems”, but also effectively prevents judges who do not agree with “one country, two systems” from interfering with the trial involving the national security act. Personally, I also think that this arrangement is conducive to the development of Hong Kong’s political system with the times. The history of 23 years of ups and downs in Hong Kong’s return to the motherland has proved that the original executive-led model is a better one.
I remember that Deng Xiaoping said that we hoped that “the One country, two systems” would remain unchanged in Hong Kong for 50 years. This remark included that he hoped that the chief executive-led mode at that time would remain basically unchanged, but the last Governor Chris Patten initiated the so-called “political reform”, which greatly weakened the chief executive-led authority and planted the seeds of chaos in Hong Kong. This is also a common method used by the British. In areas where there are conflicts in the world today. In the former British colonies we can see the mines planted by the British in years ago that result in Cyprus conflict, the Arab-Israeli conflict, the India-Pakistan conflict, and so on. Even the recent Sino-Indian border standoff is backed by mines planted by the British.
It is particularly important for the Central Government to set up an Office for the Maintenance of National Security in the Hong Kong SAR. The Central Government already has three offices in Hong Kong: the Liaison Office of the Central people’s Government, the Hong Kong Garrison, and the Office of the Commissioner of the Ministry of Foreign Affairs in Hong Kong. Under specific circumstances, this office may exercise jurisdiction over crimes against national security in Hong Kong. Its duties include “supervising, guiding, coordinating and supporting the Hong Kong SAR in the performance of its duties of safeguarding national security, collecting and analyzing national security intelligence and information, and handling crimes endangering national security in accordance with the law.” Please note clearly that the “handling crimes endangering national security in accordance with the law”. The Office of State Security and relevant organs stationed in Hong Kong only exercise jurisdiction over a very small number of crimes endangering national security in accordance with the law under specific circumstances.
The draft law also specifically mentions an important embodiment of the central government’s comprehensive jurisdiction, which will be conducive to strengthening the law enforcement and judicial work of safeguarding national security in the Hong Kong Special Administrative region. All cases that may arise and have to adopt the provisions of Article 18, paragraph 4, of the basic Law of Hong Kong, that is, a state of emergency. The content is as follows: the standing Committee of the National people’s Congress decides to declare a state of war, or because of unrest in the Hong Kong Special Administrative region that endangers national unity or security beyond the control of the Government of the Hong Kong Special Administrative region, if it decides that the Hong Kong Special Administrative region shall enter a state of emergency, the Central people’s Government may issue an order to apply relevant national laws in the Hong Kong Special Administrative region. In short, our current effective precautions are also to avoid a final showdown that may be very costly. I think this should be in the common interests of all parties.
Finally, the draft law also proposes that when residents of the Hong Kong Special Administrative region stand for election or take up public office, they should sign documents in accordance with the law, confirming their support for the Basic Law of the Hong Kong SAR of the People’s Republic of China (PRC) and allegiance to the Hong Kong SAR of the PRC. In other words, whether you want to stand for election or hold public office, you must sign this important document, otherwise you cannot stand for election. In this regard, the Western media believe that this may mean that the “pan-Democrats” will lose their qualification to run in the election and will not be able to participate in the Legislative Council election on September 6. Of course, this is just some Western media reports and speculation.
There is another very important article in this draft law, that is, if the local laws of the Hong Kong SAR are inconsistent with this Law, the provisions of this Law shall apply, and the power of interpretation of this Law shall be vested in the standing Committee of the National people’s Congress. Of course, there are many wonderful contents in the draft law, which can be said to be full of practical information, which is worthy of careful reading by all friends who are concerned about the Hong Kong issue. In short, as we often say, we must solve the relevant problems from the bottom and truly, accurately and comprehensively implement “one country, two systems” in Hong Kong, so as to ensure the long-term stability and stable development of Hong Kong.
On the afternoon of June 19, at the invitation of Mr. Tung Chee-hwa, Vice Chairman of the National Committee of the Chinese people’s political Consultative Conference and Hong Kong’s first Chief Executive, I was honored to give a public live video speech to the Hong Kong public entitled “Democracy and Hong Kong’s Choice.” I spent half of my time giving a speech and half of my time interacting with each other, and the effect was good. I mentioned that the enactment of the Hong Kong National Security Law has created a great new opportunity for Hong Kong, which in a sense is what we often call the “second return” of Hong Kong. Western countries especially like to divide and rule, constantly creates contradictions. Now the Western countries themselves are also divided, while China’s approach is just the opposite. We firmly believe in unity and prosperity, is also applicable to Hong Kong. Hong Kong needs unity and prosperity. After implementing the Hong Kong National Security Law and eliminating the forces that disturb Hong Kong in collusion with Western hostile forces, it is hoped that all parties in Hong Kong will reach the greatest consensus and unite to build Hong Kong into a more prosperous and better place.
Based on the experience of the successful rise of Chinese mainland, I have also put forward four suggestions for the future development of Hong Kong. First, emancipate the mind. At present, Hong Kong particularly needs to be liberated from the rigid western democratic discourse, where it is believed that the western democratic model is the only correct model. The western democratic model has four genetic defects that will be its downfall: people are rational, power is absolute, procedure is omnipotent, and capital power is decisive. This view has been expressed many times on this program, and the defeat of major Western countries in the war epidemic has proved it once again. Second, seek truth from facts, proceed from the reality of Hong Kong, study and solve all kinds of problems and challenges facing Hong Kong in a down-to-earth manner. Third, we should keep pace with the times and sum up the experiences and lessons of the past, the resolutely reform and correct mistakes in order to adapt to the various challenges that Hong Kong will face in the 21st century. The fourth is being people-oriented. We should not allow the political machine to idle at any time. Politics must be implemented to improve people’s livelihood, both material and non-material. I believe that as long as we do so, the future of Hong Kong will certainly get better and better.
On June 30 2020, the standing Committee of the National people’s Congress unanimously passed the Hong Kong National Security Law, for which we extend our warmest congratulations. Today, Hong Kong sets out again from a new starting point. We wish Hong Kong’s “one country, two systems” stable and far-reaching, and we wish Hong Kong and the motherland stride together towards a new and greater glory.
Zheng Ge:
I have taught at the University of Hong Kong for 10 years. When I first arrived in Hong Kong in 2004, a major event already happened in Hong Kong, that is, on July 1, 2003, a march against Article 23 legislation broke out in Hong Kong. Then, this will go back to the Basic Law of the Hong Kong SAR itself. The Basic Law is a law upholding the constitutional arrangement of “one country, two systems”. It is a national law formulated by the National people’s Congress in accordance with Article 31 of the Constitution of the PRC. Article 23 of the law stipulates that the Hong Kong SAR shall enact laws to safeguard national security. However, in the 23 years since the reunification, Hong Kong has not fulfilled this obligation required by Article 23 of the basic Law for the Hong Kong SAR.
Why? It is not because of the inaction of the Government of the Hong Kong SAR. As early as 2002, the then Chief Executive Tung Chee Hwa initiated the process of enacting legislation to safeguard national security and drafted the Hong Kong National Security (Legislative provisions) Ordinance. Please note that the Ordinance is the name of Hong Kong’s local legislation. The Bill contains very detailed provisions on crimes such as subversion, secession, espionage, and so on, and according to the analysis of many local legal scholars in Hong Kong, it is found that the criminal liability for related crimes in this Ordinance is no more serious than the existing laws in Hong Kong. For example, in the Criminal Offences Ordinance of Hong Kong, there are relevant provisions against treason, subversion, secession, espionage, and so on. This legislation for safeguarding national security is only a collection of relevant provisions already in place in Hong Kong. But such a law, which is so mild that the punishment for crimes against national security is even lighter than that of the relevant laws of the colonial era, has aroused strong opposition in Hong Kong.
What is the main reason? The reasons are very complicated, including education. Since the reunification, national education has not been implemented in Hong Kong. In primary and secondary education in Hong Kong, whenever the PRC is mentioned, the evaluation is basically negative. Moreover, the vast majority of primary and secondary school teachers in Hong Kong are members of a trade union called the Hong Kong Teachers’ Association. Szeto Wah, the founder of the Hong Kong Teachers’ Association, is himself an “anti-China” person. Therefore, with such teachers being trained, young people in Hong Kong do not have a deep sense of identity with the PRC from an early age. Therefore, Professor Zhang also put forward the concept of “second return” for the teacher just now.
The legislation is also aimed at a local legal theory in Hong Kong, called “laying the foundation for the second time”. Luo Peiran is a typically representative of a lawyer in Hong Kong. In his own monograph, he put forward the theory of “laying the foundation for the second time”. What is the “second foundation stone”? The basic Law was formulated for Hong Kong by “outsiders”. The “outsider” here obviously refers to the National people’s Congress, but because Hong Kong has judicial independence and the power of final adjudication, therefore, the courts of the Hong Kong SAR can, through the interpretation of the Basic Law, build Hong Kong’s own constitutional order independent of the constitutional order of the PRC. This sounds like a very professional expression, but in fact it is tantamount to talking about judiciary on “Hong Kong independence”. This theory became popular in Hong Kong and led to a series of social problems. A very important point is that Hong Kong lacks the basic bottom line law to safeguard national security.
At the same time, there are some non-governmental organizations in the United States that seem to have nothing to do with government ( the NGOs), but are actually supported by the US government, such as the famous National Democracy Foundation (NED). Some observers have keenly pointed out that NED is more suitable than CIA to fund foreign anti-government forces as it is not appropriate for US state institutions to come forward in support of such forces. They provide financial support to “anti-China” forces in Hong Kong. The Hong Kong’s legislation on safeguarding national security is mainly aimed at this area, With the improvement of this whole set of mechanisms, Hong Kong’s national security problems can be well resolved.
Finally, I would like to make a conclusion. On the 10th anniversary of Hong Kong’s return to the motherland, there was a very popular song called “there is always you”. I believe many friends here have heard this song. There is a lyrics in this song, “Eastern and Western civilizations. Encountered prosperity and stability here. Its positioning of Hong Kong is a place of prosperity and stability, as well as a place where Eastern and Western civilizations meet. The convergence of civilizations between the East and the West requires an equal and mutually beneficial exchange, rather than a hegemony, using Hong Kong to influence China’s internal affairs or even trying to subvert our political power. This situation will not be allowed by any country. With the bottom line of the national security law, I believe that Hong Kong will return to prosperity and stability, so that Eastern and Western civilizations can better meet here.
Thank you.
Round table discussion.
Host:
Professor Zheng, at the beginning of Occupy Central Action in 2014, when you finished your work in Hong Kong, some people joked that you were so angry at that time that you went back to work in the mainland. According to your observation, how effective is the Hong Kong National Security Law in curbing the forces that disturb Hong Kong?
Zheng Ge:
As a matter of fact, there is no need to predict this. Now there have been some very obvious trends, indicating that they have played a very important role after the decision of the National people’s Congress. For example, the US Consulate General in Hong Kong sold its 10 billion yuan property in Hong Kong not long ago, which shows that many of their spies will withdraw because they think that after the passage of the Hong Kong National Security Law, activities in Hong Kong will be very difficult. Of course, the United States will also take some counter-measures, for example, they passed the Hong Kong Autonomy Law not long ago, claiming that they would sanction Hong Kong and mainland China’s participation in weakening Hong Kong’s autonomy, including issuing visas, and so on, but what the United States can do is very limited. In addition, the US Secretary of Commerce has just announced that the US Department of Commerce will abolish the preferential treatment to Hong Kong-treating Hong Kong as an independent trading body. This will have an impact on our economy to a certain extent, but we are also ready to worry too much.
Host:
What is the consensus of the Hong Kong community on Hong Kong’s national security law or the various causes of chaos in Hong Kong? Judging from the current situation in Hong Kong, what areas still need to reach a consensus?
Zhang Weiwei:
Earlier on, I gave a lecture on “Democracy and Hong Kong Choice” in the hope of promoting a new consensus that Hong Kong needs to emancipate its minds. Later, I heard feedback from Mr Tung Chee-hwa that they liked the lecture very much and did point out some core issues. It is possible for Hong Kong to reach a greater consensus if we can get rid of these elements of Hong Kong chaos and “Hong Kong independence”.
However, Chinese people have a bottom line in thinking when they do things. Professor Zheng also mentioned earlier that the problems existing in Hong Kong’s education system have not only been problematic for decades, but may have been for a hundred years. As I have said in the past, most schools in Hong Kong are different from Macao. Macao had already raised the five-star red flag before the reunification, while most schools in Hong Kong did not raise the five-star red flag after the reunification. This is a huge contrast. This kind of education has to start from the beginning, but we just have to work hard, and we must do what we should do, and now this responsibility is very specific, and the team of the Chief Executive has to shoulder the responsibility, and there will be accountability for specific implementations, such as how to revise the teaching materials and put forward a plan.
Zheng Ge:
I very much agree with what Professor Zhang that education is the key. Because when a person goes to college, his mind is already very independent, and it is very difficult for teachers to influence him. For example, as a university teacher, I feel that I have an influence on my students, in addition to knowledge. Actually, it has little influence on his values. Therefore, the education I emphasize here is actually primary and secondary education. We note that Article 5 of the decision adopted by the National people’s Congress on May 28 specifically states that the Chief Executive has the obligation to improve national security education in Hong Kong.
National security education will certainly be strengthened in primary and secondary education in Hong Kong in the future. At the same time, national security education should also be combined with the national education that Hong Kong should have implemented a long time ago, making it a very important part of national education. With education as a guarantee, then the second aspect, in my opinion, is public opinion. Jimmy Lai plays a very important role in the Gang of Four because he controls many influential media in Hong Kong. After the passage of the National Security Law, the media that publicize remarks such as subversion of state power will be strengthened and its ties with foreign forces has to be cut off. With education and media, social consensus can be formed more easily.
Host:
It may be very difficult for mainland people to understand the situation as we would have thought for example the education department should take care of all teachers, teaching materials, planning, and so on. However in Hong Kong, it is fragmented and many of the institutions are opposed to each other. If we want to enhance the consensus of the whole society through education and the media, is the reconstruction of institutions also a big issue?
Zhang Weiwei:
The current political system of Hong Kong needs to be reformed. Deng Xiaoping said that it would remain unchanged for 50 years, as he was pleased with the executive-led model of Hong Kong. But this model was later changed by Chris Patten. How did he change it? For example, many functions of government have been curtailed by the Legislative Council, and the most salient point is that many government bodies are either privatized or become independent legal entities. Not long ago, there was a highly controversial question on the Japanese invasion of Hong Kong that appeared in College entrance examination. With such a small place of 7 million, and people have become so divided and further more adopting the separation of powers, bringing in paralysis where nothing can be done and the power of the Chief Executive has become very weak. This is a very big problem.
So I said it publicly, and I agree that if it should be changed, it should be changed. Reach an internal consensus. This time, the Hong Kong National Security Law allows the Chief Executive to appoint judges, which in a sense is a return to executive-led government. I personally think that it is a further step in this direction.
Host:
There is a friend from Hong Kong, Mr. Zhang Guozheng, President of Shanghai-Hong Kong Association. Before the promulgation of the Hong Kong National Security Law, what were all the friends who loved Hong Kong most worried about the situation in Hong Kong?
Zhang Guozheng:
What I am most worried about is whether this mess can really be calmed down. It can be said that we in the pro-establishment camp have been fed up with supporting the basic Law over the past year. Now that the Hong Kong National Security Law is about to be promulgated, can it really be suppressed? The question at that time was like this, because there were too many chaos in the streets or in the Legislative Council. Now the situation is getting clearer and clearer, but the opposition camp has been spreading negative news over the past few weeks, so you can imagine that Hong Kong hundred is also very confused. who is right? For example, the National Security Law is a decision made directly by the National people’s Congress, so will it have a direct impact or blow to “one country, two systems”? The opposition camp will certainly carry out such publicity all the time, so I would also like to hear the two professors and distinguished guests explain clearly to the people of Hong Kong.
Another thing is that Hong Kong implements the common law. Just now the professor pointed out that an important element of the common law is based on precedent. If the national security law is implemented in Hong Kong, it must be something new and there is no precedent for adjudicating cases in the past. How will it be judged? Of course I heard that we had to reshuffle the cards, which was right. But people still need to hear clearly, where is the connection between the two?
Zheng GE: in fact, it involves two aspects: first, whether the National Security Law will affect “one country, two systems” and whether it will derogate from the high degree of autonomy of Hong Kong as guaranteed by the basic Law. Judging from the decision of the National people’s Congress and the contents of Hong Kong’s National Security Law, it will not. In formulating the Law on the Maintenance of National Security of the Hong Kong SAR, the standing Committee of the National People’s Congress has fully taken into account the laws previously in force in Hong Kong, and is trying to take into account the existing criminal charges relating to national security in Hong Kong. and then integrated into the current national security law. There is a very controversial charge of Sedition, incitement, which originally existed in Hong Kong. However, it is not included in the National Security Law this time, because it involves the issue of conviction for words, which may contravene the freedom of speech guaranteed by the Basic Law. Whether Hong Kong will include it when formulating its own law on safeguarding national security in the future? it’s open.
The second is the convergence between it and the common law. In fact, this is not to say that there is no precedent for safeguarding national security in the common law. When Hong Kong was a British colony, there were a large number of prosecutions for treason and subversion. Therefore, when Hong Kong courts interpret the National Security Law enacted by the standing Committee of the National people’s Congress, they can also make reference to the previous precedent.
Host:
The chaos in Hong Kong in recent years has made us realize that many people’s understanding of “one country, two systems” is not accurate. So can you two explain this question again? How on earth should “one country, two systems” be understood?
Zhang Weiwei:
“One country, two systems” is very clear. First of all, it is “One country”. Only with the existence of “One country” can there be “two systems.” In the mid-1980s, I worked as an interpreter in the Ministry of Foreign Affairs and finally discussed the Hong Kong issue. I participated in part of the work. The consensus at that time was very clear, that is, “One country, two systems” and “country” was the PRC. What is it now? Talk about “two systems”, not “one country”.
Zheng GE: I once wrote an article called “One country, two systems and national integration”, in which I put forward a point of view. I think most people in the legal profession in Hong Kong only read half of the Basic Law. They only reads the provisions in the Basic Law that guarantee Hong Kong’s high degree of autonomy, but deliberately failed to read the provisions to ensure “One country”, which is a prerequisite. To cite a specific example, in the last round of the Legislative Council election, many people who clearly advocated “Hong Kong independence” took part in the election and were elected. This in itself completely contradicts “one country” in “one country, two systems”. It shows that he has already lied, because at the time of the election, although there were no relevant provisions of the National Security Law at that time, however, you must swear allegiance to the Hong Kong SAR of the people’s Republic of China before you can stand for election. This shows how serious the problem is that many Hong Kong people only read half of the Basic Law.
Audience 1:
I have a small question to ask the two teachers. The “legislative amendment storm” that began in June last year has had a great impact on Hong Kong society, and it is not difficult to find that many of the demonstrators are young people, even students about my age. To a large extent, it shows that there are problems in primary and secondary education in Hong Kong. Mr Tung Chee Hwa, the former Chief Executive of Hong Kong, and Mr Leung Chun-ying both promoted the reform of general education, but both encountered layers of resistance. Why is it so difficult for us to promote patriotic education or education to enhance Hong Kong’s youth’s sense of national identity in Hong Kong? What exactly is the source of resistance? Thank you.
Zheng Ge:
In order to promote patriotic education, or national education, the premise is to have patriotic teachers, and the second is the question of teaching materials, because Hong Kong does not have such uniformly compiled teaching materials as in the mainland, and many schools use curriculum materials related to national identity, directly using American or British textbooks. History subjects are the most obvious, and their textbooks are talking about China, whether in history or at present. Many of them are negative, and even the War of Resistance against Japan, such as the War of Resistance against Japan, has already reached a consensus in human society that Japan has committed crimes, and they can also make an alternative interpretation.
Teachers and teaching materials are the most important factors in my opinion. With such teachers and such teaching materials, it is no wonder that young people without national identity can be cultivated, so we cannot blame these minors because they are educated under such an education system.
Zhang Weiwei:
In a sense, it is also a matter of how to tell stories about China and the mainland to Hong Kong people, as many people there are biased against mainland. The newspapers or news from television stations in Hong Kong regarding mainland China are biased. Small negative news are often exaggerated, which has become a tradition. At the same time, this is also an opportunity, as we need to tell the success story of the mainland of China. In fact, Shenzhen which is on the side, is a success story, and so is the Great Bay area. In a sense, our program also hopes to clarify some basic principles. There are also a group of people who can communicate openly and frankly with the people and scholars in Hong Kong.
Audience 2:
Professor Zhang mentioned that we should tell China stories to foreign countries or Hong Kong, but I personally feel relatively pessimistic. Whether I chat with my friends online or in private, more people only listen to what they like to hear. So we go to tell our Hong Kong compatriots how good the national security law is and how we can maintain our goodwill. In fact, I feel that most young people don’t want to hear it at all. How should we deal with this situation?
Zhang Weiwei:
In my opinion, it is necessary to provide really good products, including superior ideological products. When there are good products which work to expectation in all manners, then some people will wake up. Some people will have a greater impact. Of course, now we have a common feeling that with the development of the Internet and artificial intelligence, it is becoming more and more tribalized, and everyone looks at what they like to see. This situation does exist, but I believe that as long as we can grasp the key minority in the end, it will have a greater impact, and no matter how difficult it is, it will certainly produce results. This problem is done step by step, time is on our side, such a big country, such a wonderful story, how can it not be told well, is it right?
Zheng GE:
I have deep feelings about this friend’s question. It is because apart from studying the issue of Hong Kong, I have been paying attention to the issue of artificial intelligence recently and I have also written a lot of articles. Now there is a concept called the post-truth era, which is very obvious in the United States. The United States is not United States of America, but Divided States of America, is completely divided into two camps, and everyone’s judgment of the facts will be completely different. For example, there are all kinds of views on the basic fact of how many people have died in COVID-19 ‘s epidemic. Well, in the face of the characteristics of the post-truth era, it is precisely that we should take very active action to tell a good story. Because of this story, narrative is very important. In the field of economics, there is a concept called life in a statistical sense and life with a story, and there is a big difference between the two. Even if tens of thousands of people were killed in the COVID-19 epidemic, it was not as shocking as that of a black man being tortured and killed by a white policeman with his leg on the neck on black person. So if we can tell such a story, then we will succeed. But this is very simple for us, because it is an obvious fact that China is rising in all directions, including its success in fighting the epidemic, so the truth is on our side.
Source: https://www.guancha.cn/ZhangWeiWei/2020_07_26_558966_1.shtml
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