The Hong Kong government has strongly rejected unfounded and biased content in a so-called annual report issued by the European Commission and the High Representative of the European Union for Foreign Affairs and Security Policy, targeting the protection of national security and human rights in the special administrative region.
“The HKSAR government strongly urges the EU to respect facts, abide by the 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,” a spokesman for the SAR government said in a statement on Tuesday night.
Disapproving of the report, the statement reiterated the government’s position on safeguarding the due administration of justice and rule of law and rights and freedoms, laws safeguarding national security, enhancing national education, and maintaining long-term prosperity and stability.
On the laws safeguarding national security, the government said 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 their double standards as they 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,” reads the statement.
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Pointing out that the legal proceedings concerning cases involving Jimmy Lai Chee-ying, the '35+' conspiracy to commit subversion and the Hong Kong Alliance are still ongoing, the government said it is inappropriate for any person to comment on details of the cases.
All cases are handled strictly on the basis of evidence and in accordance with the law, it added.
The HKSAR government reiterated that the extraterritorial effect of the offenses under the National Security Law and the Safeguarding National Security Ordinance (SNSO) 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’.”
Regarding an interim injunction granted by the Court of Appeal relating to a song, the government said the injunction covers designated types of criminal acts related to the song concerned, pursuing the legitimate aim of protecting national security, and is necessary, reasonable, legitimate, proportionate, and consistent with the requirements of the Hong Kong Bill of Rights.
Many jurisdictions, globally, 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, it added.
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. It also requires providers of hosting services to put in place mechanisms to combat illegal content and respond to notices received in a timely manner, including removing and disabling access to the relevant content.
“The unreasonable criticisms made by the EU against the legitimate legal actions taken by the HKSAR government show clearly the double standards held,” the statement adds.
The EU repeatedly uses its so-called annual reports to smear the HKSAR, 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's residents to return to normal and have restored the business environment, said the spokesman.
“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,” the spokesman added.