Letters | National security law puts Hong Kong people in uncharted waters

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A large hoarding promotes the national security law in Hong Kong’s eastern district of Quarry Bay on July 1. Photo: Sun Yeung

Published: 7:45am, 4 Jul 2020Updated: 7:45am, 4 Jul 2020

After a year of social unrest in Hong Kong, the central government passed a national security law for the city on June 30, which took effect by promulgation hours later.

The law criminalises secession, subversion, terrorist activities and collusion with a foreign country or with external elements to endanger national security. The purpose is to prevent, suppress and punish these acts to safeguard national security and maintain Hong Kong’s prosperity and stability under the “one country, two systems” policy.

The four offences carry a maximum penalty of life imprisonment, though minor violations have a sentence of less than three years in jail. Companies in breach of the law may be punished with fines and have their licence or business registration revoked, while non-Hong Kong residents can be deported.

Importantly, the law is state-level legislation. The significance is that the power of interpreting the legislation is vested in the National People’s Congress Standing Committee. It will prevail over the provisions of local laws where inconsistency arises.

Its scope differs from Article 23 of the Basic Law in that Article 23 prohibits acts of “treason, secession, sedition, subversion against the central people’s government, or theft of state secrets” and prevents “political organisations or bodies of the region from establishing ties with foreign political organisations or bodies” but does not cover terrorist activities. However, Hong Kong is not absolved from its duty to legislate locally under Article 23 of the Basic Law.

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Under the national security law, Hong Kong will handle most cases in an open court. Where state secrets are involved, the case may be tried by a panel of three judges without a jury and all or part of the trial will be closed to the media and the public. The judgment shall be delivered in an open court, though.