The Hong Kong National Security Law 2020: 'One Country, One System'?

Abstract

The aim of this thesis is to provide an analysis of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region. Being enacted in 2020 by NPCSC and enforced in Hong Kong, such Law has been reshaping the already unstable and controversial relations between Hong Kong and Mainland in the ‘One Country, Two Systems’ policy, which in the last decade has been affected by China new ‘national security’ agenda. Following a brief historical introduction, this dissertation is divided into two chapters. The first chapter focuses on the national security issue and its application on the OCTS policy: firstly, I provide an understanding of China Overall National Security Outlook strategy, the role played by Hong Kong in such agenda, as well as the reasons at the basis of Basic Law Art.23 ; secondly, I examine the events and legislative attempts which culminated in the Law at issue. The core of such thesis is represented by second chapter, divided into two parts: part I provides a textual detailed analysis on Law’s provisions, stressing their effects on several dimensions of Hong Kong’s life; part II focuses on the enforcement’s provisions of the Law, giving an overview of the broad powers enjoyed by the Hong Kong Police Force, the agency in charge of Law enforcement. In conclusion, the question is going to be answered is whether the Law may change the balance of forces in the OCTS leading to a ‘One Country, One System’ scenario.