Seize this chance to state your views on Hong Kong’s national security law
- Safeguarding the country and protecting the rights of Hongkongers are not mutually exclusive, and consultation offers all stakeholders the opportunity to voice any concerns before the legislation – as required under Article 23 of the Basic Law – is enacted
The launch of a public consultation on a home-grown national security law marks another step forward for Hong Kong to fulfil its constitutional obligation under Article 23 of the Basic Law.
It is important that the government and the public work together and put in place a law that safeguards national security while preserving the rights and freedoms guaranteed by the city’s mini-constitution.
Chief Executive John Lee Ka-chiu has set the right tone by pledging to consider all views seriously. Zheng Yanxiong, director of the central government’s liaison office, said the legislation would be conducive to security and development.
The 110-page document covers the principles and specific crimes under Article 23. Some offences are covered under colonial-era laws, such as treason and the theft of official secrets, but the scope will be widened and modernised.
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There are also new targets, including external interference, insurrection and sabotage activities. The law will also apply outside Hong Kong, similar to the extraterritorial power under the national security law imposed by Beijing in 2020.
They are concepts unfamiliar to the public and require detailed explanation. There are also concerns over the definition of state secrets, which range from economic, social and technological development to major policy decisions.
Given the Lunar New Year holiday falls within the consultation period, the government should seize the limited time to proactively reach out and explain the proposals. Different sectors should also make the best of the consultation to express their views.
How to protect national security while preserving rights and freedoms enshrined in the Basic Law remains the challenge.
Despite a stronger consensus and a more favourable political environment for enacting the legislation, Hong Kong remains very much under the international spotlight due to geopolitical tensions.
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The concerns of the international community, including consular corps, business chambers and non-governmental organisations, should be addressed, to prove that safeguarding national security and protection of rights are not mutually exclusive.
The stage is set for Hong Kong to tackle this controversial issue again after its missed opportunity 21 years ago. There needs to be genuine listening and exchange to sort out the details.
This is especially important as the government hopes to enact a “forward-looking” law that can deal with threats arising from future developments while safeguarding rights and freedoms.
Hopefully, with all sectors of society working together, the legislative process will be smoother this time and the right law can be put in place as soon as practicable.
