The National Security Law of Hong Kong

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 to support 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.

Hualing Fu is professor of law and dean of the Faculty of Law at the University of Hong Kong, as well as holder of the Warren Chan Professorship in Human Rights and Responsibilities.

Michael Hor is professor of law and was dean (2014–2019) of the Faculty of Law at the University of Hong Kong.

Contributors:

Johannes Chan, the University of Hong Kong; UCL

Albert H. Y. Chen, the University of Hong Kong

Jie Cheng, the University of British Columbia

Surya Deva, Macquarie University, Sydney; City University of Hong Kong

Cherian George, Hong Kong Baptist University

Xu Huang, Wuhan University 

Bing Ling, the University of Sydney Law School

Kelley Loper,  the University of Hong Kong

Ryan Mitchell, the Chinese University of Hong Kong

Carole J. Petersen, University of Hawai‘i at Mānoa

Kent Roach, University of Toronto

Zheng Tang, Wuhan University

Po Jen Yap, the University of Hong Kong

Simon N. M. Young, the University of Hong Kong; Barrister-at-Law, Parkside Chambers

Xiaobo Zhai, University of Macau

Han Zhu, the University of Hong Kong

“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

“This book covers the most important aspects of national security issues, including freedom and security that we have always been concerned about. This timely publication not only offers the latest research results for the academic community, but also provides important reference materials for the Hong Kong society to understand the important topics of national security.”

—Zhu Guobin, City University of Hong Kong