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Opinion | Further failure of Article 23 of the National Security Law will shatter the credibility of the Hong Kong government

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Should people be concerned? Not unless you tend to distrust and fear anything that has anything to do with China.

Over the past two decades, advances in technology and geopolitical competition have forced many countries to update and enact new national security laws to counter emerging threats. What Hong Kong is doing is no different than many other things. Other common law jurisdictions I've been doing it.
On January 30th, Chinese characters reading “Hong Kong” can be seen on the roofs of buildings in the city. Hong Kong's constitutional obligation to enact national security legislation that is timely is more urgent than ever.Photo: Bloomberg

For example, in the UK, growing concerns about threats from hostile states led to the enactment of the National Security Act in July 2023. The new law updates laws on protection of official secrets and espionage, and introduces new crimes of sabotage and foreign interference.

Singapore's 'most powerful law': Foreign interference bill raises concerns

In 2003, Hong Kong's National Security Bill was launched against a backdrop of relative calm, despite many complaints about the sharp economic downturn and apparent mishandling of the severe acute respiratory syndrome crisis. The national security threat had not yet reared its ugly head. It was inconceivable that Hong Kong would be threatened by a hostile state or become a target for separatist or subversive activities.

long-term violent 2019 turmoil changed all that. Hong Kong is no longer invincible. The sight of black-clad protesters blocking roads, hurling petrol bombs at police, storming the Legislative Council, vandalizing central government liaison offices and occupying university campuses has left many Hong Kongers with no fear. It shattered my sense of invincibility.

For ordinary people, threats to personal safety and material property were real, while the government struggled to maintain order. There was also a good chance that the government's headquarters would be attacked. I believe the rioters were only held back by a subconscious fear that the People's Liberation Army would be unleashed.

07:30

China's Rebellious City: Hong Kong Protests

China's Rebellious City: Hong Kong Protests

Beijing to quell riots enacted He bypassed Hong Kong's legislative process, which was in chaos at the time, and enacted the National Security Law for Hong Kong at breakneck speed. The National Security Law enacted by the Standing Committee of the National People's Congress on June 30, 2020, immediately suppressed the protests and restored stability and order. However, this does not eliminate Hong Kong's constitutional responsibility to enact local laws to protect national security, as required by Article 23 of the Basic Law.

Twenty-one years after the first attempt, and halfway through the promise not to change Hong Kong's way of life for 50 years, as enshrined in the Basic Law, Hong Kong is now making good on its long-neglected constitution. I can't afford to fail again because of this. and a political mission. Further debacles will shatter confidence in local government.

However, this time it seems like the government has become like this. much better prepared.of consultation document The Act ensures that the government adheres not only to Hong Kong's constitutional obligations, but also to the common law principles that underpin Hong Kong's criminal justice system and the fundamental rights and freedoms enshrined in the Basic Law and international human rights treaties applicable to Hong Kong. It also emphasizes that The attempt to reassure doubters with words of honor is commendable.
From left, Attorney-General Paul Lam Ting-kwok, Chief Executive John Lee Ka-chiu, and Security Secretary Kris Tan Ping-keong attend a press conference on the public consultation of the Article 23 Bill in Hong Kong on January 30. .Photo: Sam Tsang

The consultation document also notes in advance that a number of jurisdictions, including the United States, United Kingdom, Canada, Australia and Singapore, have enacted comprehensive legislation to protect national security. A list of such legislation is attached to the consultation document for public information.

As expected, the documents was not included Crimes of secession and subversion. The legal loopholes regarding these two crimes have been fixed by the Chinese government's National Security Law enacted in 2020, so there is no need for Hong Kong to reinvent the wheel.

How does Hong Kong intend to amend the law and create new offenses against the Article 23 law?

The government has proposed changes to the law to update eligible offenses and strengthen enforcement measures, but has stopped short of introducing a foreign influence register or similar arrangements, as the UK does. . Although an integrated concept of national security has been adopted, the government also exercises restraint and balance.

Given the complexity and sensitivity of issues related to national security, many concerns will be raised and much clarification will be required in the coming months. To ensure success, governments must avoid past mistakes and keep both content and presentation accurate and reassuring.

Regina Ip Lau Suk-yee is the convener of the Executive Council and a member and leader of the New People's Party



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