- 23
A
B
-
country, two systems” policy. Giving them effect, BL 1 declares that the
HKSAR is an inalienable part of the PRC; and BL 12 stipulates that the
A
B
HKSAR shall be a local administrative region of the PRC, which shall
C
D
E
F
enjoy a high degree of autonomy and come directly under the Central
People’s Government.
The NSL is likewise enacted for the same primary purposes
36.
of, among others, ensuring the resolute, full and faithful implementation of
C
D
E
F
the “one country, two systems” policy under which the people of Hong
G
H
Kong administer Hong Kong with a high degree of autonomy, safeguarding
national security and maintaining prosperity and stability of the HKSAR:
G
H
NSL 1.
I
J
K
I
NSL 2 refers to BL 1 and BL 12 as the lynchpin for
37.
safeguarding national security in the Region thus:
“The provisions in [BL 1] and [BL 12] on the legal status of
the [HKSAR] are the fundamental provisions in the Basic
Law. No institution, organization or individual in the
Region shall contravene these provisions in exercising their
rights and freedoms.”
L
M
N
J
K
L
M
N
In so prescribing the constitutional order of the HKSAR, BL 1, BL 12 and
O
P
Q
R
S
T
NSL 2 underscore the general duty of the Region to safeguard national
security: Lai Chee Ying v Secretary for Justice [2023] 3 HKLRD 275, per
Poon CJHC at [28].
The NSL adopts a multi-pronged approach to fleshing out that
38.
general constitutional duty of the Region to safeguard national security:
(1)
In relation to the different arms of the government: NSL 3(2)
O
P
Q
R
S
T
imposes that primary duty on the Region and requires the
U
U
V
V