Hong Kong shows how to balance national security and human rights
Over the past five years, Hong Kong's
national security law has provided meaningful insights into the effort to strike a reasonable balance between safeguarding national security and protecting fundamental rights.
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From the perspective of someone who has followed Hong Kong's legal and constitutional evolution over several decades, this development is neither abrupt nor unprecedented. Rather, it reflects a maturing legal response to the challenges that also confront many other jurisdictions, particularly those rooted in the common law tradition.
While courts around the world interpret the relationship between national security and
human rights through differing cultural, historical and institutional lenses, one constant remains: the rule of law must serve as the guiding principle. Since its enactment, Hong Kong's national security law has contributed to restoring social order, reinforcing the rule of law, reshaping the city's political culture and safeguarding the rights and freedoms of its residents.
It is grounded in the human rights principles of
China's constitution and Hong Kong's
Basic Law , and it seeks to harmonise the values of national security and human rights.
It reinforces Hong Kong's status as an inseparable part of China while emphasising the importance of upholding national security within a rule-of-law framework and embedding respect for human rights throughout its legal provisions.
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National security is a fundamental priority of modern sovereign states, underpinning citizens' ability to enjoy basic human rights. Article 2 of the law clarifies that the Basic Law's Articles 1 and 12 constitute core provisions, stipulating that residents' exercise of rights and freedoms must align with these provisions, thereby establishing the foundation for balancing national security and human rights.
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