My Take | For Hong Kong, a national security law under Article 23 would be the lesser of two evils

Beijing loyalists have often toyed with the idea of imposing the mainland's draconian national security laws on Hong Kong. The latest attempt comes from Stanley Ng Chau-pei, chairman of the Federation of Trade Unions and a National People's Congress deputy.

Ng said this week he and other NPC members would suggest incorporating the security laws into the city's constitution - the Basic Law - to contain the threats represented by the Occupy protest movement. When asked about the idea, former chief executive Tung Chee-hwa said yesterday the central government had the legal authority to do it.

The puzzle is, why are they resurrecting an old but discredited idea that was already floated last year by influential mainland academics such as Peking University law professor Rao Geping? It went nowhere then. Is it going to happen soon? I doubt it.

In theory, the Standing Committee of China's parliament could impose the nation's laws on Hong Kong by unilaterally adding them to Annex III of the Basic Law. But both the central and Hong Kong governments clearly prefer enacting security laws under Article 23 of the Basic Law. Inconveniently, however, that would require approval from the local legislature.

The latest threats or pressure from Ng and Tung should be seen as part of a campaign that includes claims by Chief Executive Leung Chun-ying and other local officials that the Occupy protesters and other pan-democrats have been financed and supported by "foreign forces". We tend to ridicule such claims but under the proposed national counter-espionage laws - which are being reviewed by the Standing Committee to replace national security laws - such charges would be very serious.

If it were a choice between the mainland's or Hong Kong's security laws, most of us would probably pick Article 23 as the lesser of two evils. While Leung has promised not to enact Article 23 during his current term, a new chief executive or Leung, should he secure a second term, would be under pressure to legislate the article.