HKSAR govt duty-bound to legislate to protect national security:academic

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Last updated at: (Beijing Time) Sunday, April 13, 2003

HKSAR govt duty-bound to legislate to protect national security:academic

Law Professor of the University of Hong Kong Albert Chen said Saturday that the Hong Kong Special Administrative Region (HKSAR) government is duty-bound to legislate to protect national security.

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Law Professor of the University of Hong Kong Albert Chen said Saturday that the Hong Kong Special Administrative Region (HKSAR) government is duty-bound to legislate to protect national security.

Chen made the remarks while speaking at a symposium organized by the Joint Committee for the Promotion of the Basic Law of Hong Kong on Saturday.

His remark came at a time when the HKSAR Legislative Council isexamining the National Security (Legislative Provisions) Bill in order to implement Article 23 of the Basic Law, which requires theHKSAR government to legislate to protect national security.

"Hong Kong has returned to the motherland for more than 5 years,yet Article 23 has not been legislated on for its full implementation.

"On this issue, my view is, Article 23 of the Basic Law has laid down a legal duty which must be implemented by the HKSAR government, that is, the HKSAR government must implement Article 23 by way of drafting HKSAR's own law," Chen said.

Chen stressed that if, after the establishment of the HKSAR, the HKSAR government postponed the legislating of the law indefinitely, it could be seen as violating its constitutional duty.

He praised the drafted bill, saying its design and principles adopted are appropriate, while at the same time fulfilling the requirements laid down in Article 23 without including outdated orexcessively draconian stipulations.

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