China marked National Security Education Day on Thursday. Across the country, numerous events and activities were held to promote the importance of national security. While Hong Kong has celebrated this day since 2018, this year marks the first occasion after the promulgation of the National Security Law for implementation in Hong Kong. A grand-opening ceremony and seminar were held in the city as part of the celebration. Community and school mosaic wall activities as well as open days for academies of the disciplined services and a national security exhibition were staged for students and public participation.
Education on national security is a statutory requirement under Article 10 of the National Security Law for Hong Kong. Apart from enhancing students’ national security awareness via various educational activities in schools, the SAR government shall promote national security education to other quarters of society via civic organizations, the media and the internet, as required by the law.
Safeguarding sovereignty and other national interests is an indisputable duty of every citizen in Hong Kong. The SAR government is sparing no effort to promote the concept of national security by organizing a plethora of activities on national security education. The National Security Law has been implemented for almost 10 months in the city after its promulgation following the months-long social unrest and political turmoil in 2019. Hong Kong is now breaking new ground in safeguarding national security, with new court rulings on national security offenses to be developed as relevant cases are going through the court.
In recent weeks, a controversy has erupted over the proposed guideline for teaching national security in schools, issued by the Education Bureau. The guideline, providing subject frameworks for General Studies for primary students, and for Geography and Biology for secondary students, is designed to exemplify national security education in different subjects. Critics have claimed that the scope of academic knowledge in each subject is limited; and smeared the guideline as “brainwashing”.
It is worthwhile for Hong Kong’s education sector to take a leaf out of the book of their mainland counterparts and design national a security education curriculum on a broader basis. From a glimpse of the commonly used national security education textbooks on the mainland, we can see some similarities, of which the concept of national security encompasses a wide array of political security, territorial security, military security, economic security, cultural security, social security, technological security, cyber security, ecological security and others. All of which are integral to the national security framework. Yet, the design of the mainland’s national security curriculum is more comprehensive and insightful as it highlights specific challenges and potential crises the country has encountered in each aspect of national security. It is necessary for local students to learn that national security is the bedrock of overall well-being and is closely related to their daily lives.
There have been serious misunderstandings and misconceptions about the National Security Law, and education is but the first step to tackle the problem. In March, I spoke as an NGO representative at the United Nations Human Rights Council on the implementation of the National Security Law for Hong Kong. I refuted some misconceptions held by some Western countries and media outlets who went on the offensive against the law.
Some critics argued against the appointment of national security judges by the Chief Executive. While all judges have been appointed by the CE since 1997, the candidates for national security cases are solely determined by the Judiciary and no interference from the executive branch of the government is allowed. The security law also does not allow arbitrary transfer of defendants across the boundary as only under very exceptional conditions would the Office for Safeguarding National Security of the Central Government exercise jurisdiction over a national security case. These circumstances are clearly specified in Article 55 of the security law.
Meanwhile, it is guaranteed that local courts shall exercise their powers independently and free from any interference based on the spirit of rule of law. Articles 85 and 89 of the Basic Law stipulate that courts shall exercise judicial power independently while judges may only be removed for inability to discharge their duties, or for misbehavior. Judges cannot be dismissed for handing down contentious judgments on any case, even in the face of criticism, and stay independent of political and other influences.
Above all, former Chief Justice Geoffrey Ma Tao-li stressed during his ceremonial farewell sitting to the legal profession early this year that no pressure has been exerted either on him or other judges in adjudicating cases. Opposition politicians including lawyers and barristers have not challenged his views at all.
Hong Kong will flourish continuously after the enactment of the National Security Law and the revamp of the local electoral system. Hong Kong is a common law jurisdiction that is built on the rule of law and an independent judiciary. With more judicial precedents on national security cases imminent in courts, they will demonstrate that the law is conducive to the city’s long-term political and economic development.
The author is founder and chairman of One Country Two Systems Youth Forum.