- 17 -
China forces seeking to disrupt Hong Kong have blatantly advocated such notions as “Hong Kong independence”, “self-determination” and “referendum”, and engaged in activities to undermine national unity and split the country. They have brazenly desecrated and defiled the national flag and emblem, incited Hong Kong people to oppose China and the Communist Party of China (“CPC”), besiege Central People’s Government (“CPG”) offices in Hong Kong, and discriminate and ostracize Mainland personnel in Hong Kong. These forces have also willfully disrupted social order in Hong Kong, violently resisted police enforcement of the law, damaged public facilities and property, and paralysed governance by the government and operation of the legislature. Moreover in recent years, certain foreign or external forces have flagrantly interfered in Hong Kong’s affairs. They have made intervention and created disturbances in various ways, such as by legislative and administrative means and through non-governmental organisations. In collusion with those anti-China Hong Kong disrupters, these forces of the same ilk backed and cheered on the disrupters and provided a protective umbrella, and utilized Hong Kong to carry out activities endangering national security. These acts and activities have seriously challenged the bottom line of the “One Country, Two systems” principle, seriously undermined the rule of law, and seriously jeopardized national sovereignty, security and development interests.’” (emphasis added)
22. As stated in the Explanation above, the NSL was enacted in full awareness that national security in Hong Kong could be undermined by non-violent acts such as advocating for Hong Kong independence and self-determination, desecrating national flag and emblem, inciting public hatred and paralysing governance by the government and operation of the legislature. In this regard, we noted that in the recent judgment in HKSAR v Tam Tak Chi[1], Poon CJHC who gave the judgment of the Court of Appeal, had the following to say:
- ↑ CACC 62/2022, [2024] HKCA 231, at [129].
