01 Weekly
Author: Huang Yunna
The National People's Congress Standing Committee Meeting ended yesterday afternoon (20). During the period, the People's Republic of China, which was preliminarily known as the Hong Kong Edition National Security Law, to maintain the National Security Law (draft).The Government of the SAR will set up a maintenance of the National Security Council, and the central government will set up the State Security Office in Hong Kong in Hong Kong.
Compared with Macau, which completed the basic law of Article 23 of the Basic Law in 2009 and established the Macau in 2018, the members and functions of the Hong Kong National Security Commission and the Macau National Security Commission were not completely consistent.In order to be meticulous, and a consultant assigned by the central government, the Hong Kong National Security Commission is not responsible for coordinating the local national security work as the Macau National Security Commission.Supervision, guidance and coordination.The question is, why can the Macau National Security Commission cannot be in Hong Kong?
Why do members of members wider?
The Hong Kong National Security Commission will be chairman of the Chief Executive, and members include the Director of the Department of Administration, the director of the Finance Department, the director of the Department of Law, the director of the Security Bureau, the director of the Police Department, the head of the police officer to maintain the national security department, the entry of entry,Long, Customs Customs Chief, and Director of the Chief Executive's Office; in addition, there is also a consultant assigned by the central government to provide opinions on how the committee fulfills its duties.Long leader.
On the other hand, the Macau National Security Commission, which was established two years ago, was composed of local government officials. Not only did they not have the national security consultant assigned by the Central Committee, but the secretary -general was also the director of the Chief Executive Office; in addition to being the chairman of the Chief Executive, and the local security guardDirector of the company is the vice chairman, and other members include the director of the Administrative Law Department, the director of the General Administration of Police, the director of the Legal Bureau, the director of the judicial police department, the director of the Chief Executive Office, the Advisor of the Chief Executive Office, the director of the Office of the Security Department, and the director of the Security DepartmentOffice consultant.
The government organizational structure of Hong Kong and Macau has a certain difference. For example, under the Chief Executive, Hong Kong is basically under the Chief Executive, and the Thirteenth Bureau of the Thirteen Division and the 56 executive departments (including the office / department) under their jurisdiction, and the three divisions are alsoLine as a member of the Hong Kong National Security Commission.However, under the Chief Executive of Macau, the first floor is the five divisions, and then the bureau and the office are in turn.Only the Director of the Administrative Law Department and the Director of the Security Department can join the Macau National Security Commission, excluding officials in charge of economic finance MDash; MDash; This is obviously different from Hong Kong, which may be huge as the Hong Kong government's finances. At the same time, as international financeThe center, and financial security has become an important part of national security.
In addition, the Chief Executive and Security Department of Macau will also be responsible for governing the General Administration of Police and Macau Customs.Entry affairs and other tasks; in contrast to Hong Kong, although the Security Bureau under the Secretary of the Administration Department has already included the Hong Kong Customs, the Hong Kong Police Office, and the Hong Kong Entry Department, the Hong Kong State Security Commission is included in the Secretary for Administration and Director of the Security Bureau.Instead, it also includes the Customs Customs Director, Police Director and Entry Department, while the Macau National Security Commission is not included in the director of the security police department responsible for similar work categories.The head of the department's superior agency joined MDASH; mdash; this may be derived from Hong Kong as an international metropolis. Whether it is an economic enterprise or political group, it has close exchanges with overseas organizations, and immigration affairs are quite frequent.As an example, the storm strike in 2019 as an example, 310 million people have been recorded throughout the year; therefore, the deployment of relevant departments can be described as a strong defense line to maintain national security.
Why is the scope of power narrower?
As for the main functions of the Hong Kong National Security Commission, it will include: (1) analysis and judgment of the situation of Hong Kong's maintenance of national security, planning work, and formulating policies; (2) the construction of the legal system and implementation mechanism of Hong Kong to maintain national security; (3)Coordinate Hong Kong's key work and major actions to maintain national security.In fact, these tasks are covered within the five major powers of the Macau National Security Commission.Responsible for coordinating the work of Macau to safeguard national sovereignty, security and development interests, and study and implement relevant deployment and chief executives. Secondly, the Hong Kong National Security Commission does not need to be responsible for dealing with other functions of the Macau National Security Commission.Matters.
It is not difficult to see that compared to the Macau National Security Commission and the Hong Kong National Security Commission lack this important function.Who should be responsible for this work?At this stage, the Standing Committee of the People's Congress still has not clearly explained; however, from the explanation of Shen Chunyao, it can be seen that the National Security Office of Hong Kong established by the central government in Hong Kong may play a key role.
He pointed out that the National Security Office in Hong Kong has the following responsibilities: (1) Analyze and judge the situation of Hong Kong's maintenance of national security, and put forward opinions and suggestions on major strategies and important policies to maintain national security;Perform the responsibilities of maintaining national security; (3) collect and analyze the information of national security information, etc.; (4) handling national security cases under certain circumstances.In addition, the State Security Office in Hong Kong must also establish a coordination mechanism with the Hong Kong National Security Commission to supervise, guide, and coordinate the Hong Kong national security matters mdash; mdash; from the current information, it is difficult to determine who the status of these two institutions is high and who is high and who is high.Low, but the words such as supervision, guidance and coordination in the functions of the office can be seen, it may be responsible for coordinating related work by the office.
Of course, the specific powers and responsibilities of the State Security Commission in Hong Kong and the Hong Kong State Security Commission still need to be further explained by the authorities.The question is, why can the Macau National Security Commission be fully responsible for local national security affairs, while the Hong Kong National Security Commission is supervised and directed?Perhaps, this is that Macau has long fulfilled the constitutional responsibility and completed the legislative work of Article 23 of the Basic Law on its own. However, Hong Kong has long regarded it as a flood beast until the national security is threatened and the central government must make a shot.
After the legislation, Hong Kong can do it once and for all?
However, it must be added that the maintenance of the National Security Law adopted in Macau in 2009 is only a physical law, that is, it only regulates the rights and obligations of safeguarding national security, and the country's government, inciting rebellion, subverting the Central People's Government, and the stolen national secrets, Foreign political organizations carry out political activities, and the establishment of connections with foreign political organizations with foreign countries are listed as criminal crimes, but they have not covered the procedure law or organizational law.Specific functions; therefore, in the 11 years since the legislation, the Macau authorities have continued to amend the law and legislation.Citizen's judges and inspection institutes can be assigned to handle national security cases. In 2020, by revising the laws of the judicial police station, the establishment of a special job system for the judicial police department to clearly empower the judicial police department investigating the national security case; in addition, Macau alsoThe organization and operational regulations of the judicial police department will be amended to set up the security department, the national security intelligence work office, the National Security Crime Investigation Office, the National Security Policy Research Office, and the Comprehensive Department of the National Security Affairs.
However, the Hong Kong version of the National Security Law is more abundant than Macau maintaining the National Security Law. It includes a comprehensive law that includes three legal content characteristics such as physical law, organizational law and procedure law.EssenceIt is worth mentioning that after the Hong Kong version of the National Security Law passed, Hong Kong was not able to do it once and for all, because the Hong Kong Edition National Security Law, which was included in the Basic Law Annex III only means that it is directly effective rather than directly landing.Including the announcement of implementation, setting up relevant institutions, and research and implementation of laws and regulations, we must not forget the legislative work of Article 23 of the Basic Law.
