30-1-2024 (HONG KONG) Hong Kong’s leader affirmed on Tuesday (Jan 30) his plans to introduce fresh national security legislation soon, encompassing insurrection and other offences not covered by the existing laws imposed by Beijing four years ago.
The potential enactment of new laws, specifically targeting espionage, state secrets, and foreign influence under Article 23, is being closely monitored by business figures, diplomats, and academics who believe it could significantly impact the global financial hub.
Chief Executive John Lee disclosed that a consultation document would be released later on Tuesday, with the government aiming to expedite the passage of the legislation “as soon as possible”.
“Why now? We cannot delay. We cannot afford to wait any longer,” Lee asserted.
“While our society may appear calm and secure, we must remain vigilant against potential sabotage and underlying forces seeking to cause unrest,” he added, suggesting that foreign agents may still be active in Hong Kong.
Lee assured that freedoms would be protected and that the laws would adhere to international standards.
Security chief Chris Tang revealed that the proposed legislation would encompass sections addressing state secrets and espionage, treason, sedition, as well as the use of computers and electronic systems to engage in actions jeopardising national security.
Hong Kong witnessed massive protests in 2019, drawing hundreds of thousands of individuals to the streets demanding greater freedoms.
In response, Beijing implemented a national security law in 2020 to address four major crimes – secession, subversion, terrorism, and collusion with foreign forces – carrying penalties of up to life imprisonment.
Since the handover of Hong Kong from British to Chinese rule in 1997, the city has operated under a “One country, two systems” framework, maintaining separate legal and judicial structures from the mainland.
As per its mini-constitution, the Basic Law, Hong Kong is mandated to enact its own legislation to combat seven security-related offences, including treason and espionage.
The last legislative effort in 2003 was shelved following mass protests by half a million Hong Kongers.
Some legal experts suggest that as local statutes, the new legislation could refine the sometimes vaguely worded 2020 law and obsolete colonial-era laws.
“It will likely establish clearer boundaries where the existing laws lack precision, particularly in defining state secrets and espionage,” remarked Simon Young, a professor at the University of Hong Kong’s law school.
Anticipated in the package are stricter penalties for sedition, currently carrying a two-year sentence under colonial-era legislation.
