香港国安法的内涵和特征是什么？
The following article is from 一点时间 Author 萧平
作者：萧平
XIAO PING
资深时事评论员
编者按：本报去年4月连载了资深评论员萧平“一国两制”系列漫谈，计16篇，获良好社会反响。中华书局遂于去年5月将该系列文章结集出版，书名《回归“一国两制”的初心》，再获好评，迄今已连印6次。今该书即将再版，作者就制定香港国安法和完善特区选举制度补充了4篇文章。本报先行刊出，以飨读者，此为第二篇。
The National People’s Congress Standing Committee passed the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region on June 30, 2020. It filled a blank in the country’s institutional infrastructure, put an end to the absence of national security protection in Hong Kong and is now the statutory pillar of national security protection and long-term peace and stability in the HKSAR.
这是一部迟到的法律。基本法授权特区为23条立法却迟迟不能完成，考虑到“一国两制”情况特殊，《国家安全法》也未在港澳实施。令人忧虑的是，近些年的香港，“港独”猖獗、“黑暴”肆虐、“揽炒”横行、挟洋自重，“修例风波”演化成港版“颜色革命”，制造了回归后最大的动乱，严重威胁国家安全和特区政权安全，已经到了邓小平所警示的“非中央出手不行”的地步。中央对国家安全负有根本责任，可以行使一切必要的权力，这种责任和权力并不因为23条向特区授权而丧失。在特区层面难有作为的情况下，中央必须果断出手，从国家层面推进国安立法。
It is a law that was long overdue. The HKSAR has yet to pursue national security legislation according to Article 23 of the Basic Law; the current National Security Law of the People’s Republic of China, enacted on July 1, 2015, does not apply to the HKSAR or the Macao Special Administrative Region because of the “one country, two systems” principle. The absence of a law for Hong Kong to fulfill its constitutional obligation in protecting national security allowed separatist forces to advocate “Hong Kong independence” in recent years and launch a “color revolution” known as “black revolution” in Hong Kong in 2019 when black-clad rioters raised hell in Hong Kong in collusion with hostile external forces with the most destructive unrest since the city returned to the motherland in 1997. This posed a direct threat to China’s national security as well as the safety of the HKSAR government, forcing the central authorities to take action and end the dangerous situation in Hong Kong. The Central People’s Government is authorized by the Constitution to retain the power and assume the ultimate responsibility of protecting national security, which shall not be affected by Article 23 of the Basic Law of the HKSAR. Nothing can stop the central government from pushing for national security legislation for the HKSAR when the latter is not in a position to fulfill its constitutional obligation to safeguard national security by legislating according to Article 23 of the Basic Law.
安全是发展的保障。香港国安法的目的只有一个，就是维护国家安全和特区政权安全。该法防范、制止和惩治的分裂国家、颠覆国家政权、恐怖活动、勾结外国或者境外势力危害国家安全罪，都是香港当前为害最烈的危害国家安全的犯罪行为。香港国安法只针对极少数犯罪分子，同时保护言论自由等香港居民的合法权益。
Development cannot proceed without security. The National Security Law for Hong Kong is designed solely to protect the country’s national security and ensure the security of the HKSAR government. It prevents, stops, and punishes crimes of secession, subversion of state power, terrorist activities, and colluding with external forces to endanger national security, all of which are still happening in Hong Kong and posing a grave threat to national security today. The National Security Law enforced in Hong Kong only targets a small number of criminals while protecting the freedom of speech and other rights of Hong Kong residents recognized by the Basic Law.
针对香港维护国家安全既存在法律漏洞，又缺乏执行能力的缺陷，香港国安法规定了必须惩治的四种罪行，也规定了必备的执行机制，以确保法律能够落地。包括设立特区维护国家安全委员会、中央指派国安事务顾问、警务处设立国安部门、律政司设立国安案件检控部门、行政长官就特区国安事务向中央提交报告等。另一个重要的机制建设，就是设立中央政府驻港维护国家安全公署，监督、指导、协调、支持特区履行维护国家安全的职责。
To address the absence of a law in Hong Kong to fulfill its national security obligations and the HKSAR authority’s inability to stop such harmful behavior in the region, the National Security Law promulgated for the HKSAR names four crimes for severe punishment upon conviction, with enforcement mechanisms to boot, including setting up the Committee for Safeguarding National Security of the HKSAR, the appointment of a national security adviser to the committee by the central government, establishing a national security division in the Hong Kong Police Force, an office in charge of prosecuting national security crimes in the Department of Justice, and requiring the chief executive of the HKSAR to file national security reports to the central authorities regularly. Another key national security law enforcement measure is the establishment of the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region to supervise, guide, coordinate and support the HKSAR in fulfilling its constitutional responsibilities for safeguarding national security.
特区负有维护国家安全的宪制责任和主体责任。香港国安法并不取代23条，也未完全涵盖23条所列七种犯罪行为，特区仍须尽快完成23条立法。特区对绝大多数国安案件行使管辖权，但第55条列明的三种特殊情况，中央责成驻港国安公署及内地司法机关直接管辖，并适用内地法律。设立特区层面与中央层面两套执行机制，是“一国两制”实践的重大创新。
Hong Kong, by virtue of its constitutional order as a special administrative region of China, has constitutional obligations to safeguard the country’s national security within its jurisdiction. The National Security Law enforced in Hong Kong does not exempt the HKSAR from fulfilling its constitutional obligation to legislate according to Article 23 of the Basic Law; it does not cover all seven crimes against national security listed in Article 23. That means the HKSAR must assume its constitutional responsibility in safeguarding national security by completing its own legislation according to Article 23 of the Basic Law as soon as possible. The HKSAR maintains jurisdiction over all national security-related criminal cases occurring in Hong Kong except the three types listed in Article 55 of the National Security Law, which shall be handled by the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region and the mainland law enforcement departments concerned according to relevant national laws. The establishment of two national security law enforcement mechanisms on state and regional levels is a significant innovation in the exercise of “one country, two systems”.
“One country” is the host of “two systems”, meaning the “one country, two systems” principle works only when the country’s national security is intact. President Xi Jinping has laid down “three bottom lines” for “one country, two systems” that must never be crossed, and the National Security Law enforced in Hong Kong is the institutional embodiment of the “three bottom lines” to ensure the security of the HKSAR system and the HKSAR government.
法律的功能是惩治犯罪，更重要的是预防犯罪。香港国安法填补了制度漏洞，也能在增强香港社会法治观念和国家安全意识方面，显示出独特作用。
Law is made to punish crimes with an eye on prevention. The National Security Law enforced in the HKSAR has closed an institutional gap that posed a major risk to Hong Kong’s long-term prosperity and stability as well as the country’s national security and development interest. It also helps strengthen Hong Kong society’s awareness of the rule of law, especially on national security matters within the jurisdiction of the HKSAR. Its unique value is undeniable and indispensable.
来源：中国日报网
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