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Hong Kong’s Article 23 law: authorities considering axing 6-month period for absconder status, security chief says

  • Removing requirement to wait six months after issuance of court warrant before identifying suspect as absconder may mark first possible amendment to bill since gazetting
  • Secretary for Security Chris Tang says clauses will be clarified further to protect the interests of innocent third parties

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Secretary for Security Chris Tang attends a bills committee meeting. Photo: Sun Yeung
Hong Kong’s security chief has said the government is considering removing a condition in the city’s proposed domestic national security legislation requiring authorities to wait six months after a court warrant is issued before deeming a suspect an absconder, marking the first possible amendment to the bill.
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Lawmakers on a committee examining the Safeguarding National Security Bill have cleared at least 126 clauses out of 181 in total after another eight hours of back-to-back meetings, with members given a Wednesday deadline to submit their amendment motions in an accelerated legislative process.

In addition to the absconder issue, Secretary for Security Chris Tang Ping-keung on Tuesday also promised to consider other changes such as providing clauses to enable the adoption of subsidiary legislation under the main ordinance, and specify help public servants must render upon instruction.

“After taking in the suggestions tabled by legislators [on Monday], the government is actively considering removing the six-month time required to identify an absconder,” Tang told lawmakers.

A copy of the Safeguarding National Security Bill. At least 93 out of 181 of the legislation’s clauses have been vetted by lawmakers so far. Photo: Yik Yeung-man
A copy of the Safeguarding National Security Bill. At least 93 out of 181 of the legislation’s clauses have been vetted by lawmakers so far. Photo: Yik Yeung-man

The bill outlines five conditions to name an absconder, including a period of six months after a warrant has expired, which lawmakers have argued should be removed as it may delay the need to take certain actions, such as cutting off funding.

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