customContents

entityId

entityUuid

articlePageQuery

filter

article

articleBaseAdvertisingInfoArticle

articleListArticle

articleSeoArticle

helpersCheckIsPostiesArticle

hooksArticleAcknowledgementGateOverlayArticle

hooksTrackPageViewArticle

hooksContentInterestArticle

articleLinkingDataContent

articleSchemaContent

liveArticle

advertZone

sentiment

contentLock

topics

types

sections

moreOnThisArticles

urlAlias

commentCount

sponsorType

authorLocations

authors

paywallTypes

corrections

displaySlideShow

multimediaEmbed

printHeadline

seriesContainer

socialHeadline

headline

flag

firstTopic

glossary

flattenTypeIds

publishedDate

additionalInfoBoxes

images

image

relatedLinks

relatedNewsletters

__typename

createdDate

sponsor

factSheets

series

summary

updatedDate

knowledgeQuestion

disableOffPlatformContent

published

subHeadline

body

keywords

copyrighted

customTimezone

liveContents

Cliff Buddle

Last month marked the 20th anniversary of the Hong Kong government’s surprise shelving of well-advanced plans to pass new national security laws.
Since then, successive leaders have said the legislation, required by Article 23 of the city’s Basic Law, would be enacted when the time is right. Now, it seems, that time has come.
Chief Executive John Lee Ka-chiu pledged in his policy address on Wednesday that the legislative process would be completed next year. This will end one of the city’s biggest and longest-running controversies.
The laws, on treason, secession, sedition, subversion, state secrets and links with foreign political organisations, were once dubbed “a ticking time bomb” amid fears about their impact on freedoms. A peaceful protest of about 500,000 people on July 1, 2003, prompted the withdrawal of the bill.
This time will be different. The landscape has changed dramatically in recent years. Beijing passed its own sweeping national security law for Hong Kong in 2020, in response to months of civil unrest the previous year.
Hong Kong’s own national security law ‘essential’ to keep Beijing’s trust in city
National security has been thrust to the forefront of Hong Kong affairs. Opposition figures have been arrested, a new “patriots-only” political system introduced and a national security education drive launched. After all this, the need for even more laws might be questioned. But the national security law itself confirmed the requirement for Hong Kong to comply with Article 23 “as early as possible”.
The broad 2020 law already covers secession, subversion, terrorism and collusion with foreign powers. Lee said the passing of that legislation had “addressed the near vacuum of national security laws” for Hong Kong.
But the city has long had national security laws of various kinds dating back to colonial times. The Bar Association, in 2002, argued that in most areas those laws were sufficient to comply with Article 23. Back then, I repeatedly asked officials to identify the national security threats facing Hong Kong that were not already covered by that existing legislation. I never received a convincing answer.
Now, the government would point to the anti-government protests of 2019 and the tense geopolitical environment. Lee spoke of countries meddling in Hong Kong affairs as well as the need to prevent a “resurgence of street violence”.
The new laws are expected to be comprehensive. Lee has said they must cover all threats and overseas legislation will be referred to. Britain introduced a new national security law in July.
But the process should not simply be about finding new ways to lock people up. It is an opportunity to provide the city’s national security laws with much-needed clarity, so that people understand where the red lines lie. State secrets should be clearly and narrowly defined. The laws must also comply with the International Covenant on Civil and Political Rights, only restricting freedoms to the extent necessary.
Lee referred to “soft resistance”, warning it can undermine governance. But there is no clear definition of soft resistance, legal or otherwise. There have been suggestions it is an area involving the media, and arts and culture sectors. This must be handled with caution.
The criminal law should only be invoked to combat genuine threats to national security. If the resistance is soft, does it need to be criminalised? There are other ways in which the government can counter dissenting views, if that is all they are.
Hong Kong to define state secrets according to city’s needs, minister says
Extensive public consultation is needed, with all stakeholders given an opportunity to express their opinions. It is good to see Lee referring to “options”, suggesting there will be different forms of the legislation to debate.
Article 23 remains controversial. There is not likely to be a mass protest this time. There should, however, be vigorous debate. As then chief executive Tung Chee-hwa said when withdrawing the legislation in 2003, “the most important thing is to get community support”.
The policy address highlighted Hong Kong’s aspirations to be a bright, energetic, global city, with an international reputation. Care must be taken to ensure the passing of more national security laws does not undermine these aims.


Hong Kong security chief slams Wall Street Journal for ‘fact-twisting’ opinion piece

Hong Kong social worker body removes committee member accused of rioting in 2019

Official report into University of Hong Kong rift aims to put school interests first

No diminishing of British, Allied wartime roles, Hong Kong museum officials say amid revamp

Hong Kong politics

Vigorous debate needed before passage of new security laws

The Hong Kong regional flag, Chinese flag and HKEX flag fly outside the Exchange Square in Central. Photo: Yik Yeung-man

Hong Kong’s own national security law ‘essential’ to maintaining Beijing’s trust in city, justice secretary Paul Lam says

A flashback to protests in 2003 in Causeway Bay as marchers travel from Victoria Park in to to the Government headquarters in Central. Photo: Jonathan Wong

Paul Lam, the secretary for justice, talks about the urgent need for the city’s own national security legislation. Photo: Edmond So

Hong Kong to set up ‘high-level unit to promote patriotic education’ in response to new national law passed on Tuesday

Hong Kong students take part in National Security Education Day. Photo: K. Y. Cheng

Starry Lee Hong Kong’s local delegate to the country’s top legislative body. Photo: Elson LI

Opinion

Comment

Care must be taken to ensure the legislation does not undermine Hong Kong’s aspiration to be an energetic city with an international reputation


Care must be taken to ensure the legislation does not undermine Hong Kong’s aspiration to be an energetic city with an international reputation.


Hong Kong national security law (NSL)

Hong Kong

Hong Kong Basic Law

My Take

Expresses the views, ideas and conclusions of the author. (Eg. Enough of Crazy Rich Asians, think of crazy poor Hongkongers.)


Column

My Take | Vigorous debate needed before passage of new security laws

Care must be taken to ensure the legislation does not undermine Hong Kong’s aspiration to be an energetic city with an international reputation