8-3-2024 (HONG KONG) The Hong Kong government has released its draft of a new national security law, which is currently under close scrutiny by foreign diplomats, lawyers, and businesses. There are growing fears that the legislation could further erode freedoms in the financial hub.
The draft encompasses new laws covering treason, espionage, external interference, state secrets, and sedition. This development comes just over a week after the conclusion of a month-long public consultation period for the Bill.
The proposed laws carry severe penalties, including life imprisonment for treason, 20 years for espionage, and 10 years for state secrets offenses.
The city’s legislature is scheduled to begin debating the Bill at 11 am on Friday, as stated in an earlier government announcement. However, the process of passing the law will involve several rounds of debate in the Legislative Council, with the convening of a special meeting for the first and second readings, which could take weeks to complete.
In a government statement, it was emphasized that “geopolitics has become increasingly complex, and national security risks remain imminent.” The statement further highlighted the diverse forms in which threats to national security can emerge unexpectedly.
Hong Kong’s Chief Executive, John Lee, called for the swift passage of the Bill on Thursday. Lee and other Hong Kong and Chinese officials have defended the legislation against criticism from certain Western governments, particularly the United States, which argue that it poses a risk to freedom due to potential vagueness in the law.
The Hong Kong government has pointed out that many Western nations have similar legislation, and that these laws are necessary to address “loopholes” in the national security framework. The framework was strengthened in 2020 with the imposition of another national security law directly by China.
Hong Kong and Chinese officials have stated that the 2020 law was crucial in restoring stability after a series of sometimes violent protests the previous year. They also stressed that the new package of laws has long been required under Hong Kong’s mini-constitution, known as the Basic Law.
The Basic Law serves as a guiding document for the city’s relationship with Beijing since its return to Chinese rule in 1997. Article 23 of the Basic Law stipulates that the city “shall enact laws on its own to prohibit acts and activities that endanger national security.”
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