Hong Kong’s legislative council has unanimously approved a fresh national security law, which includes potential penalties of lifetime imprisonment for numerous violations. The new enactment, which bolsters the broad national security laws laid down by Beijing in 2020, was hastened through the legislative council and is set to be effective from Saturday.
John Lee, Hong Kong’s chief executive, justified the legislation as critical for Hong Kong’s security and to avoid the recurrence of unrest witnessed during the pro-democracy rallies in 2019. He stated post the voting that such measures were essential for combating “black violence” and “colour revolution”, terms used to describe the pro-democracy movements. He expressed that the new regulation would alleviate concerns regarding the potential destruction of public infrastructure.
The Basic Law’s Article 23, a quasi-constitution offering some freedoms to Hong Kong post its return to China in 1997, mandated the former British colony to formulate a national security law. However, previous attempts catalysed street protests, and the concept was only brought back post the 2020 political dissent clampdown.
All the legislative council members, who are “Chinese patriots” devoted to Beijing, lauded the law this Tuesday, after more than a seven-day intensive legislative schedule. Regina Ip, a security secretary in 2003 when the first security law was attempted, celebrated Tuesday’s voting as a manifestation of the “one country, two systems” philosophy.
Ip praised the central authorities’ appreciation of Hong Kong’s unique context by stating, “they gave us the opportunity to enact our security legislation.” She rejoiced at the completion of “this constitutional responsibility after approximately 26 years.”
The adopted law lists 39 crimes including treason, sedition, rebellion, incitement to revolt, disloyalty, sabotage, external meddling, stealing state secrets, and espionage. Collaborating with external elements to harm public infrastructure could lead to life imprisonment.
State secrets are identified as aspects relating to China and Hong Kong’s “economic and social development” and “technological advancements or scientific technology”. Possession of such information, under reasonable suspicion of being a state secret, will comprise an offence, punishable with up to five years of imprisonment.
The legislation incorporates a defence for the public interest, yet the onus of proof leans heavily on the accused to sufficiently demonstrate that the necessity for disclosure vastly supersedes the importance of non-disclosure. There is anxiety amongst journalists that the new rules may make them liable to legal action if they publicise confidential material shared by government employees.
The Beijing’s formal representative in Hong Kong, the Central Government Liaison Office, lauded Tuesday’s vote as a defining moment in the city’s history since its 1997 reversion to China. They believe it represents fulfilment of the city’s constitutional responsibilities, allowing it to concentrate on advancing economic growth now.
A representative expressed their belief that eliminating all national security flaws would undoubtedly result in a secure, stable, and prosperous Hong Kong, attracting fresh capital resources and talent, and thereby enhancing its appeal.