Source: Hong Kong Information Services
The Hong Kong Special Administrative Region Government today strongly disapproved of and rejected the unfounded and biased content targeting Hong Kong’s safeguarding of national security, human rights, etc, in the so-called annual report on the city issued by the European Commission and the High Representative of the European Union (EU) for Foreign Affairs & Security Policy.
In a statement, the Hong Kong SAR Government strongly urged the EU to respect facts, abide by international law and basic norms governing international relations that it claims to uphold, and immediately stop its long-arm jurisdiction and interference in Hong Kong matters, which are purely China’s internal affairs.
On the laws safeguarding national security, it noted that in accordance with international law and international relations based on the United Nations Charter, it is each and every sovereign state’s inherent right to enact laws safeguarding national security, and it is also an international practice.
The EU exposed double standards as it pointed fingers at Hong Kong’s legal system and enforcement mechanisms to safeguard national security, while totally disregarding the constitutional duty and practical needs of the city to legislate, and the positive effects brought by the enactment of the national security legislation on economic development and the protection of human rights, the statement said.
Noting that the legal proceedings concerning cases involving Lai Chee-ying, the ’35+’ conspiracy to commit subversion and the Hong Kong Alliance are still ongoing, the statement added it is inappropriate for any person to comment on details of the cases. The Hong Kong SAR Government emphasised that all cases are handled strictly on the basis of evidence and in accordance with the law.
“Extraterritorial effect for the offences under the National Security Law and the Safeguarding National Security Ordinance 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. It can be seen that the national security laws of various countries including the member states of the EU also have extraterritorial effect under the ‘personality principle’ and the ‘protective principle’.”
As regards the interim injunction relating to a song granted by the Court of Appeal, the statement reiterated that the interim injunction covers designated types of criminal acts in relation to the concerned song, pursuing the legitimate aim of safeguarding national security and is necessary, reasonable, legitimate, proportionate and consistent with the requirements of the Hong Kong Bill of Rights.
Internationally, many jurisdictions also have legal mechanisms in place to prohibit the dissemination of information that is illegal, offensive, incites violence, incites hatred or harms the public interest.
The EU’s Digital Services Act, for instance, stipulates that upon the receipt of an order to act against specific items of illegal content, providers of intermediary services shall inform the authority of any effect given to the order without undue delay.
The Digital Services Act also requires providers of hosting services to put mechanisms in place to combat illegal content and respond to notices received in a timely manner, including removing and disabling access to relevant content.
The unreasonable criticisms made by the EU against the legitimate legal actions taken by the Hong Kong SAR Government shows clearly the double standards held, the statement said.
“The EU repeatedly uses its so‑called annual reports to smear Hong Kong, which has been faithfully, dutifully and lawfully safeguarding national security, while turning a blind eye to the fact that the relevant laws have allowed the daily lives and economic activities of the broad masses of the city residents to return to normal and have restored the business environment.
“This is a classic example of hypocritical ‘double standards’. The EU must immediately act reasonably and sensibly, and stop smearing the laws safeguarding national security in the Hong Kong SAR.”