The National Security Law of the HKSAR: A Contextual and Legal Study

65 Pages Posted: 8 Nov 2021 Last revised: 23 Dec 2022

See all articles by Albert H. Y. Chen

Albert H. Y. Chen

The University of Hong Kong - Faculty of Law

Date Written: June 1, 2022

Abstract

The adoption by the PRC National People Congress in May 2020 of a Decision on Safeguarding National Security in the Hong Kong Special Administrative Region (HKSAR), and the enactment shortly thereafter by the Standing Committee of the National People Congress of the HKSAR National Security Law (NSL), marked a new era in the implementation of the “One Country, Two Systems” (OCTS) policy. This paper attempts to understand the nature, significance and implications of the NSL. Part I situates the Chinese action within the relevant constitutional, legal, political and historical contexts. Part II examines the NSL in the light of Chinese law relating to matters of national security. Part III concludes by considering the impact of the NSL on Hong Kong’s existing law, and commenting on the significance and implications of the NSL in the context of the evolution of the OCTS policy and changing circumstances in Hong Kong.

Keywords: Hong Kong; national security

Suggested Citation

Chen, Albert H. Y., The National Security Law of the HKSAR: A Contextual and Legal Study (June 1, 2022). Hong Kong’s National Security Law: Restoration and Transformation, Available at SSRN: https://ssrn.com/abstract=3958261 or http://dx.doi.org/10.2139/ssrn.3958261

Albert H. Y. Chen (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01240

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