Policy Statement on National Security Law

Policy Statement on National Security Law

Hong Kong Metropolitan University (“HKMU”) places utmost importance on safeguarding national security and ensuring the safety and well-being of its students, staff, and the wider university community. In alignment with the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (abbreviated as National Security Law “NSL”), this Policy statement outlines HKMU’s commitment to promoting a secure and conducive environment for learning, research, and collaboration, while upholding the principles of academic freedom, freedom of expression, and respect for diverse perspectives. This Policy also applies to HKMU’s affiliates and subsidiaries.

 

A. Policy statement

University Position

1. It is the policy of HKMU to uphold and comply with the Basic Law, the NSL and all other laws of the Hong Kong Special Administrative Region (“HKSAR”). HKMU will take all necessary steps to ensure that its activities, policies and practices comply with the provisions and requirements of the NSL and other applicable laws of the HKSAR.

 

2. HKMU is committed to creating a safe and orderly learning environment. It is the expectation of HKMU that all students be law-abiding citizens.

 

3. It is unlawful for staff, students, vendors or service providers of HKMU to engage in any conduct or activity that contravenes the NSL, including any acts of secession* or subversion*, any organisation and perpetration of terrorist activities*, and any collusion with a foreign country or with external elements to endanger national security* in relation to the HKSAR. HKMU will not tolerate any such unlawful acts, and HKMU will uphold this principle in all of its operations.

 

Fundamental Principles

4. HKMU will take all necessary steps to ensure its staff abide by the law and uphold professional ethics. Any external individuals, organisations or contractors engaged by HKMU in conducting activities or operating within the University’s campuses will be required to meet the same requirements.

 

5. HKMU and its staff who hold supervisory positions, will take all necessary steps to identify, prevent and stop activities that could be in breach of the Basic Law, the NSL, or any other laws of the HKSAR.

 

6. HKMU will take all necessary steps to ensure the proper use of its premises and maintain a campus free from political interference. HKMU will not tolerate any activities on the campus that involve acts or conduct that endangers national security.

 

7. HKMU will provide facilities, materials and training to help students at the University to gain a correct and objective understanding and appreciation of the concept of national security and the NSL. Also, HKMU will provide its staff with appropriate training in national security.

 

8. Staff, students, vendors and service providers at HKMU should be proactive in helping to eliminate unlawful acts or conduct that endangers national security in relation to the HKSAR.

 

Academic Freedom

9. HKMU is fully committed to the principle of academic freedom, subject to the highest standards of academic integrity and honesty. HKMU will create a learning environment where students and staff can freely pursue knowledge, engage in critical thinking, conduct academic research, and express their ideas, but always within the framework of complying with the NSL and other laws of the HKSAR.

 

10. HKMU endorses the principle and promotion of freedom of speech and expression. HKMU will strive to foster intellectual discourse and the exchange of ideas within the framework of the NSL and other laws of the HKSAR. Also, HKMU will encourage open dialogue, respectful debate, and the exploration of diverse perspectives with respect for the national security in relation to Hong Kong.

 

11. HKMU values international engagement and collaboration in fostering academic excellence. HKMU strives to create a global impact through innovation, internationalisation, and interdisciplinary collaboration. HKMU is committed to maintaining its international partnerships while ensuring compliance with the NSL and other laws of the HKSAR.

 

Management Roles

12. HKMU will foster and promote an environment in which there is communication, collaboration and support among different stakeholders to encourage proper values, positive thinking and proper attitudes.

 

13. HKMU will provide appropriate and necessary support and services to its staff and students to facilitate the implementation of the NSL. HKMU will provide resources and assistance to address any concerns or challenges arising from or related to the implementation of the NSL.

 

14. HKMU will adopt relevant regulations, guidelines and circulars in relation to the NSL issued by the HKSAR Government as are relevant or applicable to HKMU. Also, HKMU will ensure its measures or policies related to national security are consistent with the Basic Law, the NSL and other laws of the HKSAR.

 

15. HKMU will implement procedures and processes to apply the principles of this Policy. HKMU will periodically review and update its policies, procedures and processes on national security in consultation with the relevant stakeholders. HKMU will monitor its ongoing compliance with the NSL, and adapt to any changes or developments of the NSL or other laws of the HKSAR.

 

16. HKMU will co-operate and communicate with relevant authorities or regulators to ensure smooth and effective implementation of the NSL and other relevant regulations. Also, HKMU will co-operate in investigations related to national security matters, while upholding principles of due process and fair treatment.

 

17. HKMU will include appropriate assessments and provisions in respect of relevant NSL matters in its operations and activities generally, including procurement of services and supplies, recruitment and human resources, public relations, media, events and communications.

 

* Please refer to the section “Definitions” for explanation of terms.

 

B. Reporting obligations

1. The President will appoint a person of appropriate responsibility and experience as a contact person to handle reports to HKMU in respect of NSL matters.

2. If any staff or students, vendors or service providers of HKMU suspect any breach of the NSL at or associated with the University, they must make a report to Vice President (Administration and Corporate Development) of the University by emailing to vpacd@hkmu.edu.hk or submitting the report by post or in person to Hong Kong Metropolitan University, Ho Man Tin, Kowloon. The report must specify the relevant activity or conduct and other key information such as the date, time, venue, details of the situation, people and organisations involved.

3. The President may report cases to the Police for appropriate action.

4. All reports will be dealt with promptly, confidentially and impartially.

5. All relevant persons are encouraged to co-operate in enquiries conducted by HKMU in respect of any reports it receives.

 

C. Definitions

1. Secession

   Under article 20 of the NSL, “secession” refers to any organisation, planning, commission or participation in any of the following acts, whether or not by force or threat of force, with a view to committing secession or undermining national unification:

   1. separating the HKSAR or any other part of the People’s Republic of China (“PRC”) from the PRC;
   
   
   2. altering by unlawful means the legal status of the HKSAR or of any other part of the PRC; or
   
   
   3. surrendering the HKSAR or any other part of the PRC to a foreign country.
   
   

2. Subversion

   Under article 22 of the NSL, “subversion” refers to any organisation, planning, commission or participation in any of the following acts by force or threat of force or other unlawful means with a view to subverting the State power:

   1. overthrowing or undermining the basic system of the PRC established by the Constitution of the People’s Republic of China;
   
   
   2. overthrowing the body of central power of the PRC or the body of power of the HKSAR;
   
   
   3. seriously interfering in, disrupting, or undermining the performance of duties and functions in accordance with the law by the body of central power of the PRC or the body of power of the HKSAR; or
   
   
   4. attacking or damaging the premises and facilities used by the body of power of the HKSAR to perform its duties and functions, rendering it incapable of performing its normal duties and functions.
   
   

3. Terrorist activities

   Under article 24 of the NSL, “terrorist activities” refers to any of the following activities that cause or intend to cause grave harm to the society with a view to coercing the Central People’s Government, the HKSAR Government or an international organisation or intimidating the public in order to pursue political agenda:

   1. serious violence against a person or persons;
   
   
   2. explosion, arson, or dissemination of poisonous or radioactive substances, pathogens of infectious diseases or other substances;
   
   
   3. sabotage of means of transport, transport facilities, electric power or gas facilities, or other combustible or explosible facilities;
   
   
   4. serious interruption or sabotage of electronic control systems for providing and managing public services such as water, electric power, gas, transport, telecommunications and the internet; or
   
   
   5. other dangerous activities which seriously jeopardise public health, safety or security.
   
   

4. Collusion

   Under article 29 of the NSL, the “Collusion” occurs in any of the following circumstances:

   1. a person who steals, spies, obtains with payment, or unlawfully provides State secrets or intelligence concerning national security for a foreign country or an institution, organisation or individual outside the mainland, Hong Kong, and Macao;
   
   
   2. a person who requests a foreign country or an institution, organisation or individual outside the mainland, Hong Kong, and Macao, or conspires with a foreign country or an institution, organisation or individual outside the mainland, Hong Kong, and Macao, or directly or indirectly receives instructions, control, funding or other kinds of support from a foreign country or an institution, organisation or individual outside the mainland, Hong Kong, and Macao, to commit any of the following acts:
   
   
   1. waging a war against the PRC, or using or threatening to use force to seriously undermine the sovereignty, unification and territorial integrity of the PRC;
   
   
   2. seriously disrupting the formulation and implementation of laws or policies by the HKSAR Government or by the Central People’s Government, which is likely to cause serious consequences;
   
   
   3. rigging or undermining an election in the HKSAR, which is likely to cause serious consequences;
   
   
   4. imposing sanctions or blockade, or engaging in other hostile activities against the HKSAR or the PRC; or
   
   
   5. provoking by unlawful means hatred among Hong Kong residents towards the Central People’s Government or the HKSAR Government, which is likely to cause serious consequences.
   
   

D. Conclusion

1. HKMU’s commitment to upholding the NSL reflects its dedication to maintaining a secure and conducive environment for learning, research, and collaboration. HKMU will continue to proactively encourage academic freedom, freedom of expression, and respect for diverse perspectives, while complying with the NSL and other laws of the HKSAR. By adhering to this policy statement, HKMU aims to contribute to the overall well-being and safety of its community, while fostering a vibrant and intellectually stimulating academic environment.

 

2024.09.01