The Hong Kong government has announced the conclusion of its four-week consultation period for a new local security law. The proposed law, which falls under Article 23 of the Basic Law, Hong Kong’s mini-constitution, is aimed at safeguarding national security while ensuring respect for human rights, according to prior statements made by Chief Executive John Lee.
Article 23 compels Hong Kong to enact its own security legislation to prohibit crimes such as treason, secession, and subversion against China’s Central People’s Government. This law is separate from the National Security Law imposed by Beijing, which was passed on June 30, 2022, following a controversial extradition bill that sparked the 2019 Hong Kong protests.
The Hong Kong government stated that nearly 3,000 individuals, including representatives of political parties, national organizations, and the legal sector, attended almost 30 consultation sessions. The government reported that most participants showed support for the proposed law.
The authorities also revealed plans to proceed in full steam with consolidating their findings from the consultation. Their focus will now move towards briefing various sectors on Article 23 and aiding the Legislative Council in drafting legislation. The goal is to ensure public safety, thereby enabling Hong Kong to concentrate on economic development.
In a related development, the Law Society of Hong Kong expressed that the enactment of the national security legislation under Article 23 should be a priority for Hong Kong. It recommended that the government consider Canada’s Security of Information Act as a reference when considering to include a public interest defense to Article 23. Such a defense would allow defendants to rely on the disclosure of protected information as a defense to avoid legal liability.
In furtherance of these developments, Chris Tang, Hong Kong Secretary for Security, expressed that the government is addressing “soft resistance” and online behavior that might undermine national security in tandem with Article 23. “Soft resistance” refers to covert methods of instigating distrust in the government.
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