Source: Hong Kong Government special administrative region – 4
The Hong Kong Special Administrative Region (HKSAR) Government today (November 19) strongly disapproves of and firmly rejects the groundless attacks, slanders and smears against various aspects of the situation of the HKSAR including safeguarding national security, protecting human rights and business environment in the so-called “2025 report” issued by the United States-China Economic and Security Review Commission (USCC).
The HKSAR Government spokesman stressed, “The HKSAR Government strongly disapproves of and firmly rejects USCC’s wanton manoeuvre with politics prevailing over law-based administration and interference in the affairs of the HKSAR in the so-called report. The HKSAR is an inalienable part of the People’s Republic of China, is a local administrative region that enjoys a high degree of autonomy under ‘one country, two systems’, and comes directly under the Central People’s Government. The legal basis for implementing ‘one country, two systems’ comprises the Constitution and the Basic Law, which provide constitutional guarantee for fundamental rights and freedoms, including the right to equality before the law, and is buttressed by the rule of law and independent judicial power.”
“The HKSAR steadfastly safeguards national sovereignty, security and development interests, and fully and faithfully lives up to this top priority of the ‘one country, two systems’ principle. The HKSAR Government will resolutely, fully and faithfully continue to implement the Hong Kong National Security Law (HKNSL), the Safeguarding National Security Ordinance (SNSO) and other relevant laws so as to prevent, suppress and impose punishment on acts and activities endangering national security in accordance with the law. At the same time, it will safeguard the rights and freedoms enjoyed by Hong Kong people, ensuring the steadfast and successful implementation of ‘one country, two systems’. The HKSAR Government strongly urges the US to discern facts from fallacies, respect the international law and basic norms governing international relations, and immediately stop interfering in Hong Kong matters, which are purely China’s internal affairs.”
Laws Safeguarding National Security
The spokesman stressed, “Endangering national security is a very serious offence. No country will watch with folded arms on acts and activities that endanger national security. In terms of legislation relating to safeguarding national security, the US has at least 21 pieces. There have also been countless administrative orders issued in the name of so-called ‘national security’. However, the relevant commission exposed their double standards as they pointed fingers at the HKSAR’s legal system and enforcement mechanisms to safeguard national security, while totally disregarded the constitutional duty and practical needs of the HKSAR to legislate and continuously enhance relevant laws, and the positive effects brought by the enactment of the relevant national security legislation on economic development and the protection of human rights.”
“In fact, the implementation of the HKNSL in the past five years or so has enabled the livelihood and economic activities of the Hong Kong community at large to swiftly resume to normal and the business environment to be restored and improved continuously. With the support from all sectors of the community, the SNSO was unanimously passed by the Legislative Council, and took effect upon gazettal on March 23, 2024, thereby further improving the legal system and enforcement mechanisms of the HKSAR for safeguarding national security. According to the Economic Freedom of the World 2025 Annual Report, Hong Kong has once again been ranked as the world’s freest economy. Hong Kong’s ranking improved by two places to third globally in the World Competitiveness Yearbook 2025. Also, Hong Kong continues to rank among the top three international financial centres and comes first in the world in terms of funds raised through initial public offerings in the first three quarters of 2025. Hong Kong ranks the 24th out of 142 countries and jurisdictions globally in the 2025 World Justice Project Rule of Law Index. Its overall score (0.72) remained unchanged, matching the scores of the countries ranked 22nd and 23rd. Hong Kong remains high in the overall ranking and continues to be ahead of some European and American countries, including the US, which often unreasonably criticise the rule of law and human rights situation of Hong Kong. These internationally recognised achievements are built upon the freedom and stability brought to the Hong Kong society by the HKNSL, other relevant laws of the HKSAR, and the work of safeguarding national security.”
“As a matter of fact, the HKNSL and SNSO clearly define the elements of relevant offences, penalties, exceptions and defences. These laws actively prevent, suppress and punish acts and activities endangering national security, in accordance with the principle of the rule of law. They target an extremely small minority of individuals and organisations that pose a threat to national security, while protecting the lives and property of the general public and their legitimate rights and interests. Law-abiding persons will not unwittingly violate the law.”
“The HKSAR has the constitutional responsibility to continue to improve the legal system and enforcement mechanisms for safeguarding national security. The purpose of the subsidiary legislation made under the SNSO in May 2025 is to better carry into effect the provisions of the HKNSL concerning the mandate of the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region (OSNS). The subsidiary legislation does not grant the OSNS any new power, and will not affect the lives of ordinary citizens or the normal operation of institutions or organizations.”
“Extraterritorial effect for offences under the HKNSL and the SNSO fully aligns with the principles of international law, international practice and common practice adopted in various countries and regions. It is both necessary and legitimate, and is also in line with those of other countries and regions around the world. As the law enforcement department of the HKSAR safeguarding national security, the Hong Kong Police Force are duty-bound to pursue the liability of those who have allegedly endangered national security outside Hong Kong. Those absconders hiding outside Hong Kong are wanted because they continue to blatantly engage in activities endangering national security and wantonly collude with external forces to cover for their evil deeds. It is necessary for the HKSAR Government to take all lawful measures. The specification of absconders in respect of offences endangering national security and specification of measures applicable against the relevant absconders under the SNSO aim to address, combat, deter and prevent acts of abscondment, and procure the return of absconders to Hong Kong to face law enforcement and judicial proceedings. Such actions are fully justified, necessary and legitimate. In fact, quite a number of countries including the US would also impose such measures on wanted criminals. The US’s abuse of long-arm jurisdiction and indiscriminate use of so-called sanctions are the real form of ‘transnational repression’.”
“The HKSAR law enforcement agencies have been taking law enforcement actions based on evidence and strictly in accordance with the law in respect of the acts of the persons or entities concerned, paying no regard to their political stance, background or occupation of the person or organisation involved. The HKSAR Government has repeatedly emphasised that the suggestion that any persons or organisations with certain backgrounds should be immune from legal sanctions for their illegal acts and activities is tantamount to granting such persons privileges to break the law and is totally contrary to the spirit of the rule of law. External forces continue to distort the truth, blatantly discredit the judicial system and trials of the HKSAR, in an attempt to glorify criminal behavior and exert pressure on the courts of the HKSAR. The HKSAR Government strongly urges the Committee to respect fundamental principles such as the spirit of the rule of law and judicial independence, and to immediately cease these despicable actions.”
Safeguarding Due Administration of Justice and Rule of Law
“The HKSAR Government emphasised that all judicial cases are handled strictly on the basis of evidence and in accordance with the law. All defendants will receive fair trial strictly in accordance with laws applicable to Hong Kong (including the HKNSL and the SNSO) and as protected by the Basic Law and the Hong Kong Bill of Rights. The so-called report specifically mentioned cases on offences endangering national security involving Wong Chi-fung and Lai Chee-ying, wantonly smearing the law enforcement, prosecution and judicial organs of the HKSAR regarding the handling of the relevant cases. Their ulterior motives are obvious, namely, to interfere with the judicial proceedings in the HKSAR by means of political power in order to procure a defendant’s evasion of the criminal justice process. The HKSAR Government strongly condemned these blatant attempting to undermine the rule of law of the HKSAR.”
The HKSAR Government spokesman pointed out, “The HKSAR Government safeguards independent judicial power and fully supports the Judiciary in exercising its judicial power independently, safeguarding the due administration of justice and the rule of law. Articles 2, 19 and 85 of the Basic Law specifically provide that the HKSAR enjoys independent judicial power, including that of final adjudication, and the courts of the HKSAR shall exercise judicial power independently, free from any interference. The legal system and enforcement mechanisms for safeguarding national security in the HKSAR will absolutely not undermine the independent judicial power. When handling cases involving offences endangering national security, judges, as in all other cases, perform their judicial duties independently and impartially, without any interference. The HKSAR Government supports the Judiciary to continue to seek suitable candidates, both locally and overseas, to serve as non-permanent judges of the Court of Final Appeal, and to handle such judicial appointments in accordance with the relevant provisions of the Basic Law and the Hong Kong Court of Final Appeal Ordinance. The presence or absence of individual non-permanent judges have no impact on the integrity of the judicial system. In fact, many non-permanent judges have expressed confidence in the independence of the judicial officers of the HKSAR when they left office.”
“The Department of Justice, by virtue of Article 63 of the Basic Law, controls criminal prosecutions, makes independent prosecutorial decisions in accordance with the law, free from any interference. Prosecutions would be instituted by the Department of Justice only if there is sufficient admissible evidence to support a reasonable prospect of conviction, and if it is in the public interest to do so.”
“The Judiciary of the HKSAR exercises judicial power independently in accordance with the law, and everyone charged with a criminal offence has the right to a fair hearing. All cases concerning offence endangering national security will be handled by the prosecution and judicial authorities of the HKSAR in a fair and timely manner in strict compliance with Article 42(1) of the HKNSL, with the procedural rights of defendants exercised in accordance with the law fully respected throughout the process. The courts decide cases strictly in accordance with the evidence and all applicable laws, and cases will never be handled any differently owing to the profession, political beliefs or background of the persons involved. The prosecution has the burden to prove beyond reasonable doubt the commission of an offence before a defendant may be convicted by the court.”
“The so-called ‘report’ threatened again to impose ‘sanctions’ on the HKSAR, attempting to use political power to deter relevant personnel in the HKSAR from discharging their responsibilities to safeguard national security, interfering in the law enforcement and judicial process of the HKSAR. All these are reprehensible acts undermining the rule of law of the HKSAR, which the HKSAR Government strongly condemns. All relevant personnel in the HKSAR will not be intimidated and will continue to resolutely discharge the responsibility of safeguarding national security.”
Anti-Money Laundering and Enforcement of Sanctions
The HKSAR Government spokesman continued, “It is high on the HKSAR Government’s agenda to maintain the integrity and robustness of our financial systems. Our banks and other financial institutions strictly adhere to international standards and best practices, including those on anti-money laundering and counter-financing of terrorism (AML/CFT). Hong Kong has been recognised by the Financial Action Task Force, the international standard-setter on AML/CFT, to be overall compliant with the relevant international standards, with a robust legal framework and effective system, especially in the identification and understanding of risks, law enforcement, asset recovery and international co-operation.”
The HKSAR Government spokesman said, “The HKSAR Government has been enforcing the sanctions imposed by the United Nations Security Council (UNSC) fully and vigorously to fulfil our international obligations. We do not implement unilateral sanctions imposed by other countries that constitute a flagrant violation of the international order based on international law and the basic norms of international relations underpinned by the purposes and principles of the Charter of the United Nations. The HKSARG has long been maintaining an effective mechanism for implementing the resolutions of the UNSC. That includes denying entry of vessels designated by the UNSC as well as suspicious vessels, keeping a close watch on and inspecting suspicious Hong Kong-based companies to prevent them from participating in activities evading UNSC sanctions, and participating in the Chemical Weapons Convention and the Arms Trade Treaty through the Central People’s Government. The effectiveness of our work has been well respected and recognised by our trading partners.”
Safeguarding Rights and Freedoms
The HKSAR Government spokesman said, “The HKSAR Government steadfastly safeguards the rights and freedoms enjoyed by Hong Kong people as protected under the law. Since Hong Kong’s return to the motherland, human rights in the city have always been robustly guaranteed constitutionally by both the Constitution and the Basic Law. The HKNSL and the SNSO also clearly stipulate that human rights shall be respected and protected in safeguarding national security in the HKSAR, and that the rights and freedoms, including the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration, that Hong Kong residents enjoy under the Basic Law and the provisions of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong, shall be protected in accordance with the law. Nonetheless, just as the case with other places in the world, such rights and freedoms are not absolute. The ICCPR also expressly states that some of them may be subject to restrictions as prescribed by law that are necessary for protection of national security, public safety, public order or the rights and freedoms of others, etc. Indeed, Article 19 of the ICCPR specifically requires that journalists must observe and discharge ‘special duties and responsibilities’ including protection of national security or public order.”
“In fact, since the implementation of the HKNSL and the SNSO, the media landscape in Hong Kong has remained vibrant. However, some people with ulterior motives deliberately fabricated facts about freedom of the press and speech in Hong Kong. Like all other places in the world, freedom of the press and speech are not absolute. The media, like everyone else, has an obligation to abide by all the laws. The media continue to enjoy the freedom to comment on and criticise government policies without any restriction, as long as this is not in violation of the law. The court further cited precedents from the European Court of Human Rights regarding press freedom in the reasons for verdict of a relevant case, pointing out that the European Convention on Human Rights does not guarantee a wholly unrestricted freedom of speech even with respect to press coverage on matters of serious public concern. The most crucial point is that journalists must act in good faith and on accurate factual basis and provide reliable and precise information in accordance with the tenets of ‘responsible journalism’ in order to enjoy the protection of their rights to freedom of speech and press freedom.”
Maintaining long-term prosperity and stability
　　The spokesman reiterated, “Under ‘one country, two systems’, Hong Kong has the distinctive advantage of enjoying strong support of the motherland while being closely connected to the world. With such unparalleled connectivity, Hong Kong will continue to play its dual role as “super-connector” and “super value-adder”. Hong Kong will also continue to leverage its strengths to enhance its role as international financial, maritime and trade centres, among others, whilst proactively integrating into the overall development of our nation, including the Guangdong-Hong Kong-Macao Greater Bay Area development, the high-quality development of the Belt and Road Initiative, etc.. The HKSAR Government will continue to identify new areas for economic development and proactively compete for enterprises and talents with a view to promoting the sustainable development and enhancing the competitiveness of Hong Kong. As a matter of fact, Hong Kong has once again been ranked as the world’s freest economy by the Fraser Institute. On the other hand, the US enjoys significant economic benefits in Hong Kong and has realised a trade surplus of more than US$270 billion with Hong Kong over the past 10 years, the largest among US global trading partners. There are about 1 390 US companies with their businesses in Hong Kong. All these demonstrate the close and long-standing economic ties between Hong Kong and the US, as well as the vast business interests of the US in Hong Kong. A stable and prosperous Hong Kong is certainly of mutual benefits to Hong Kong and the US.”