Hong Kong Chief Executive, John Lee, recently initiated a four-week period of consultation for local security legislation pursuant to Article 23 of the Basic Law, Hong Kong’s mini-constitution. This presents a crucial opportunity for Hong Kong citizens to express their views on the forthcoming law that will then be scrutinized by lawmakers.
The obligation under Article 23 is that The Hong Kong Special Administrative Region (HKSAR) formulate its own laws to prohibit criminal activities such as treason, secession, sedition, and subversion vis-a-vis China’s Central People’s Government.
In his announcement made at the Central Government Offices, Mr. Lee stressed the proposed legislation’s objective to protect national sovereignty, security, and development interests while conforming to human rights in harmony with the Basic Law and international covenants.
Secretary for Justice, Paul Lam, asserted the entwined nature of national security and human rights, drawing upon the 2019 protests as testament that without national security, individuals cannot wholly exercise their rights and freedoms.
Addressing public concerns about probable exceptions for notable public interest, Secretary for Security Chris Tang acknowledged these reservations will be meticulously assessed.
The Security Bureau disclosed a consultation paper to compile public opinions on the matter. The document furnishes details of national security threats, the necessity of the legislation, and the legal principles underlying Article 23, with a significant focus on treason, acts of insurrection and incitement, theft of state secrets and espionage, sabotage, and external interference in particular.
It is pertinent to distinguish Article 23 from the national security law implemented by Beijing in June 2020, which criminalized secession, subversion, foreign collusion, and terrorism.
The previous attempt to legislate Article 23 in 2003 had to be suspended due to extensive protests involving an estimated half a million participants. The existing consultation period underlines the Hong Kong government’s endeavour to address “soft resistance” that could be a potential risk to national security as per Article 23.
The complete details about this development can be read here.