Need to get landmark law right for sake of Hong Kong’s normal daily life
- Despite rapid start to scrutiny of proposed Article 23 security legislation by lawmakers, there should be no compromise on making changes and improvements
The process for passing Hong Kong’s new national security law has moved rapidly from public consultation to the presentation of a bill in the Legislative Council. Lawmakers began their scrutiny in a special sitting on Friday.
They carry a heavy responsibility. There is still room for the proposed legislation to be examined, amended and improved.
The bill runs to 212 pages and establishes 39 crimes. It is a comprehensive law designed to ensure Hong Kong’s legal framework meets modern national security challenges.
The bill will fulfil the city’s long-standing obligation under Article 23 of the Basic Law.
Officials have acted on some of the feedback received during the consultation at which concerns were raised about clarifying certain terms, and the potential impact on rights as well as Hong Kong’s international links. A public interest defence has been added for offences relating to state secrets.
This is a welcome safeguard, but with a high threshold. Anyone wishing to use the defence must show the public interest in disclosing the information “manifestly outweighs” that of not doing so.
The requirement that police must obtain permission from a court when seeking to extend the period a suspect can be detained without charge or refused access to their lawyer, as permitted in the bill, is a much-needed procedural step.
Maximum penalties for breaching the law are high. This is to be expected, given the serious nature of national security offences.
The penalties are broadly in line with those elsewhere in the world. One of the intentions is to respond to the months of civil unrest the city experienced in 2019.
A maximum penalty of life imprisonment is included for insurrection and 20 years for sabotage or life if colluding with an external force to damage public infrastructure.
The bill includes explanations of terms and elements of offences. But the definition of state secrets and “external force” is essentially the same as in the consultation paper.
Lawmakers on Friday raised concerns about the broad definition of such key terms, a welcome sign that they intend to take their job seriously and push for improvements where necessary. The government should be receptive to such feedback.
We can expect the law to be passed quickly, perhaps by China’s National Security Education Day on April 15. This would be in time for the presidential inauguration in Taipei in May and before the US presidential election gets into full swing.
Hong Kong lawmakers speed through first scrutiny of domestic security bill
But there should be no compromise on subjecting the laws to thorough scrutiny and making changes that refine and improve them. The passing of the legislation will be a landmark.
Every effort should be made to get it right, to ensure normal daily life and business activities are unaffected. Then, Hong Kong can move on and focus on other pressing challenges.
