Hong Kong’s government presented new legislation on Friday proposing stringent repercussions, including life imprisonment, for offences concerning national security. The proposed law intends to broaden the interpretation of sedition and state secrets, putting journalists and employees within the financial sector at risk of being indicted for espionage.
The legislation, containing 39 offences relating to treason, sedition, insurrection, provoking rebellion and disloyalty, sabotage, external meddling, theft of state secrets, and spying, proposes the harshest punishment, life imprisonment, for incidences involving collaboration with external forces to harm public infrastructure.
Upon its presentation, the national security Bill swiftly passed the first and second readings and is projected to become law midway through the upcoming month. This Bill is to complement the 2020 national security law imposed on Hong Kong by Beijing following the suppression of pro-democracy protests.
Within the past four years, the majority of political opposition in Hong Kong has been quashed, with pro-democracy candidates excluded from election participation. A significant part of the autonomous media has been shut down, leaving the remaining media outlets small, underfunded, and heavily restricted in their reporting scope.
The draft bill categorises “a secret regarding the economic and social development” and “the technological progress or scientific technology” of China and Hong Kong as state secrets. If there’s plausible reason to believe it to be a state secret, obtaining such information might constitute an offence punishable by up to five years imprisonment.
The proposed legislation may expose journalists reporting confidential government information to the risk of prosecution, despite the bill including a defence for public interest. However, the accused would bear the burden of proof to demonstrate that disclosing the information significantly surpasses the interest of keeping it undisclosed.
The draft Bill grants new authority for the police to deny suspects’ Attorney access for the first 48 hours post-arrest. Furthermore, a court could prohibit a person “reasonably suspected” of committing a national security offence from conferring with certain attorneys.
The draft Bill posits that co-operation with external forces will invite sterner penalties and broadly defines such forces as international and foreign political organisations, in addition to foreign governments. This proposition is, according to the European Union, more severe and comprehensive than anticipated.
The proposed law risks worsening the decline of basic freedoms in Hong Kong, particularly exacerbated by the 2020 National Security Law, this announcement comes amid well-founded anxieties. Criticism also poured in from Britain, the former colonial power of Hong Kong until 1997, which expressed concerns over the potential restriction of free speech and hindrances to international organisations brought on by the draft bill. Britain’s Foreign Secretary, David Cameron aired his apprehensions about the lack of independent scrutiny and safeguards to protect against discretionary decisions by authorities rooted in the guise of national security.
He strongly recommended a reconsideration of these planned actions by the government of the Hong Kong Special Administrative Region and suggested genuine and impactful dialogue with the inhabitants of Hong Kong.
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