Published: 16:44, October 17, 2024
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Policy Address 2024: Multi-faceted proposals contain an appropriate legal focus
By Grenville Cross

On July 1, 2022, when President Xi Jinping visited Hong Kong for the 25th anniversary celebrations of its return to the motherland, he highlighted the importance of the “one country, two systems” policy (OCTS). He called it “a great initiative that has no precedent to follow”. Its underlying goal was to “uphold China’s sovereignty, security and development interests and maintain long-term prosperity and stability in Hong Kong and Macao”.  

President Xi also congratulated the incoming chief executive of the Hong Kong Special Administrative Region, John Lee Ka-chiu, whose responsibility was to consolidate and advance the OCTS policy. Although the same was also expected of his four predecessors, Lee faced particular challenges after the insurrection of 2019-20, which sought to destroy the policy. If he was to succeed, he needed to develop a clear plan, pursue concrete policies, and stick to his guns, and these qualities were all displayed when he unveiled his third Policy Address on Wednesday.

At the outset, Lee said his goal had always been to embrace change with Beijing’s support. It was necessary to deepen reform to advance Chinese modernization while also “staying principled, innovative and flexible in meeting challenges and opportunities”. Therefore, Hong Kong’s progress had to be viewed in its overall context, focusing on contributing to building China into a “great country, and realizing the great rejuvenation of the Chinese nation”.

The Policy Address was multi-faceted, although, given global tensions, there was an appropriate emphasis on national security. Lee explained that security and development were “like the two wings of a bird”, meaning there could only be economic progress if there were a safe environment. He can take credit for enacting the Safeguarding National Security Ordinance in March, which finally completed the process envisaged by the Basic Law (Art.23).

Now that the national security protections, including the National Security Law for Hong Kong (2020), are fully operational, Hong Kong can enhance its credentials across the board. Taken together, the two sets of laws, said Lee, “form a comprehensive enforcement mechanism for safeguarding national security”. However, that is not the end of the story, and many of the recent problems arose because people were ignorant of their country’s history, radicalized by malign actors, and unaware of their civic responsibilities.

It was, therefore, heartening that Lee indicated that patriotic education would be fostered in schools, including through mainland exchange programs. The National Security Education Gallery, which opened in August, had been well received by the public, and tutors would be trained at the district level to promote national security education more widely in the community. The Education Bureau would enhance the awareness of Chinese history in schools (and hopefully beyond).

Hong Kong is blessed with an abundance of public and private museums, and their role is pivotal in providing people of all ages with insights into the history and achievements of Hong Kong and the country. If more can be done to support private museums, so much the better.  Moreover, when historical organizations, like the Hong Kong Collectors Society, hold exhibitions, they perform a vital public service and deserve every possible encouragement.

Indeed, the opening of the Chinese Culture Promotion Office in April was a positive development, and it is now promoting cultural awareness. It is, for example, organizing the Chinese Culture Festival and exhibitions of the General History of China series, but this is not all. As Lee explained, various projects are in the pipeline, including the construction of a museum to showcase the development and achievements of the country, as well as a new Chinese Culture Experience Center, which is in the public interest.

Moreover, Hong Kong’s greatest strength is its rule of law and first-class legal system. Therefore, Lee was right to highlight its adherence to a common law system, and the maintenance of “its own legislative and judicial system”. Although hostile elements elsewhere have sought to undermine the judicial system by threatening its judges, Lee has repeatedly emphasized his support for them (as well as for the prosecutors, who have also faced threats).

The recent appointment of five new High Court judges is a welcome development, which underscores the judiciary’s vibrancy in turbulent times. It will hopefully be followed by the appointment of new overseas nonpermanent judges to the Hong Kong Court of Final Appeal (whose number has shrunk to six, with one aged 90). As Lee undoubtedly appreciates, a strong judiciary is vital for ensuring what he called “our long-term prosperity and stability”, and a top court that contains both local and overseas jurists is reassuring for investors and anybody planning to do business in Hong Kong.

Moreover, Hong Kong’s legal services can also benefit the country, which was undoubtedly why Lee flagged up legal cooperation. Many local lawyers are already qualified to practice in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA), and there are great opportunities available once the required legal framework is in place.

It was, therefore, encouraging that Lee announced his support for a dedicated platform for GBA lawyers to facilitate professional exchanges and training. He would also follow up on the implementation of the enhanced arrangement for cross-boundary service of judicial documents, and he planned to promote the establishment of a GBA legal information platform.

Indeed, these initiatives may be seen in the context of the government’s overall GBA strategy. As Lee explained, local universities have already been encouraged to offer education services in the GBA, and four GBA campuses have been created. A GBA Youth Employment Scheme has also been established, designed to encourage local youths to work in the GBA, and a reciprocal arrangement is now being considered with Hong Kong's partners.      

The Policy Address, therefore, pressed the right buttons and will facilitate the OCTS policy. While it stressed national security, it did so in terms of national development, legal progress, and cultural awareness. It should be welcomed by everybody who wants Hong Kong to play its full role in national affairs and exert the global influence of which it is uniquely capable.  

The author is a senior counsel and law professor, and was previously the director of public prosecutions of the Hong Kong SAR.

The views do not necessarily reflect those of China Daily.