Published: 20:18, August 2, 2024
Forbes undermines its credibility by propagating misleading information
By Fu Kin-chi

Forbes magazine published on Wednesday an article — Hong Kong’s Economy Is Now Risky Business — citing a “report” published by the Committee for Freedom in Hong Kong Foundation (CFHK), an anti-China organization. The article maliciously attacked the Hong Kong Special Administrative Region, making false allegation’s against the implementation of the sanctions imposed by the United Nations Security Council (UNSC) and the maintenance of national security in the SAR.

The allegations are shocking and very disappointing, not supported by facts and highly misleading. The HKSAR government has rightly voiced its strong dissatisfaction and objection.

The HKSAR is an integral part of the People’s Republic of China (PRC). A spokesman for the HKSAR government said that it has been implementing the sanctions imposed by the UNSC in full in accordance with the instructions of the Ministry of Foreign Affairs of the PRC, so as to fulfill its international obligations. The HKSAR government closely monitors and follows up on the latest resolutions adopted by UNSC, the list of sanctions, as well as the reports and communiques of the relevant committees or expert groups under UNSC.

As regard to the unilateral sanctions imposed by some countries on other countries for their own considerations, the HKSAR government does not have the authority to implement such unilateral sanctions and will not do so.

According to international law and practice based on the Charter of the United Nations, safeguarding national security is an inherent right of all sovereign states. National security is of paramount importance. The HKSAR has the constitutional responsibility to safeguard national security, and it is only right that it firmly upholds national security, sovereignty and development interests.

In fact, many common law jurisdictions, including the United States, the United Kingdom, Canada and Australia, have enacted a number of laws to safeguard national security; in particular, the US has enacted at least 21 national security laws. The CFHK has put politics before justice, ignored the facts, and spouted lies to discredit Hong Kong in advancing its anti-China agenda, which must be strongly condemned.

Over the 27 years since Hong Kong’s reunification with the motherland, human rights and freedom have been firmly protected by the Constitution and the Basic Law. The legal framework for safeguarding national security in the HKSAR is in line with the relevant international human rights standards.

The National Security Law for Hong Kong (NSL) and the Safeguarding National Security Ordinance (SNSO) clearly stipulate that in safeguarding national security, human rights must be respected, and that the rights and freedoms enjoyed by Hong Kong residents under the Basic Law, the International Covenants on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights as applied to the HKSAR must be protected in accordance with the law.

However, the relevant rights and freedoms are not absolute. According to Article 22 of the ICCPR, some of these rights and freedoms may be lawfully restricted in accordance with the provisions of the law and in the interests of national security or public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others.

Hong Kong is a society governed by the rule of law. The NSL and the SNSO clearly stipulate that the principle of the rule of law should be adhered to, and that the relevant laws are clearly defined, specifying the elements and penalties constituting the relevant offenses.

The law-enforcement agencies of the HKSAR take enforcement actions on the basis of evidence, in strict accordance with the law, and in the light of the unlawful behavior of the people concerned. Law-abiding people will not be caught by the law inadvertently, and normal exchanges between Hong Kong residents and businesspeople and foreign countries will not be affected at all.

The Basic Law guarantees that the Department of Justice of the HKSAR shall make independent prosecution decisions in accordance with the law, and that prosecution shall only be instituted when there is sufficient evidence to give the case a reasonable prospect of conviction and when it is in the public interest to do so. The Judiciary of the HKSAR exercises strict control over the exercise of its judicial power independently in accordance with the law, and ensures that all defendants enjoy the protection of the Basic Law and the Hong Kong Bill of Rights Ordinance, as well as the right to a fair trial.

Facts have proved that Hong Kong has a sound system for the implementation of UNSC sanctions, coupled with the stringent investigations conducted by law-enforcement agencies with deterrent effect. Many suspected Hong Kong-registered companies have been struck off the register, and some suspected vessels have been refused entry into Hong Kong waters, which have effectively prevented the lawbreakers from using Hong Kong as a base for violating the sanctions imposed by the UNSC, and thus upheld the international reputation of Hong Kong.

Certainly, Hong Kong would continue to maintain a stringent UNSC sanctions regime in accordance with the law, and that the law-enforcement agencies would continue to actively follow up all suspected breaches of UNSC sanctions in accordance with their statutory powers and initiate prosecutions when there was sufficient evidence.

Backed by the motherland and closely connected to the world, Hong Kong’s common law system, highly open and internationalized market, and free flow of information and capital have consolidated Hong Kong’s position as an international center for finance, shipping and trade, and the city has been developing “eight major centers” at full speed.

Hong Kong will give full play to its unique advantages as a superconnector and super value-adder, integrating into the overall development strategy of the country.

It also safeguards the lawful rights, interests and freedoms of Hong Kong residents and other people in the city in accordance with the law, and resolutely protects the country’s sovereignty, security and development interests, as well as Hong Kong’s long-term prosperity and stability, so as to ensure that the implementation of the “‘one country, two systems” principle can proceed steadily and in the long term.

The author is a law professor, director of the Chinese Association of Hong Kong and Macao Studies, and vice-president of the Hong Kong Basic Law Education Association.

The views do not necessarily reflect those of China Daily.