Study On The Legitimacy Of The Legislation Of Article 23 Of Basic Law Of HongKong

Article 23 of Basic law of HongKong regulates:the Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political groups or organizations from conducting political activities in the Hong Kong SAR, to prohibit political groups or organizations of Hong Kong building relationship with foreign political groups or organizations.The basic law article 23 legislation is actually a national security legislation; this problem is actually a constitutional problem. What the national defending is a country's territorial integrity and sovereignty, maintaining a country's constitution independently established, ensure constitutional order of political, economic system, ensure the normal operation of citizens' lives and property, ensure the safety of the country's survival and development. The basic law article 23 legislation has been stuck for the past 10 years. There still has the necessity to discuss this problem after 10 years because of the current situation. First of all, this article started from the realistic background of Hong Kong society and expounded that the basic law of the Hong Kong article 23 legislation conform to Hong Kong social situation; Second, in terms of constitutional principle of national sovereignty and the requirements of "one country, two systems", this paper expounded that the basic law of Hong Kong article 23 has its constitutionality; At last, from the universal value of human rights, this paper expounded the basic law of the Hong Kong article 23 legislation is good for protecting human rights of Hong Kong residents.