Hong Kong leader Li Ka-chiu said the laws were in line with international standards.
Hongkong:
Hong Kong’s 90-seat legislature unanimously passed a new national security law on Tuesday, just 11 days after it was introduced, despite concerns from Western governments about further erosion of freedoms in the financial hub.
What does the new law involve?
The package, known as Article 23, updates or introduces new laws banning treason, sabotage, sedition, theft of state secrets and espionage. It may also tighten controls on foreign political groups and organizations operating in the city through provisions defining “external forces” and prohibiting “external interference.”
Some lawyers said elements of the revised penalty would be similar to Western penalties, but some provisions, such as those for sedition and state secrets, would be broader and potentially harsher.
The law stipulates that crimes of treason, rebellion, colluding with external forces to destroy public infrastructure and inciting members of the Chinese armed forces to rebel are punishable by up to life imprisonment; espionage crimes are sentenced to 20 years in prison, and crimes involving state secrets and inciting rebellion are punishable by life imprisonment. The sentence was 10 years in prison, while noting freedom of speech and other rights in Hong Kong.
Article 23 of the Basic Law outlines the necessity of these specific laws. The Basic Law is the mini-constitutional document that has guided Hong Kong’s relations with China since its handover from British colonial rule in 1997.
A previous attempt to enact Article 23 was shelved in 2003 due to peaceful protests by an estimated 500,000 people.
wattWhat impact can they have?
Businesses, including foreign banks, hedge funds, private research institutions and the media, as well as diplomats and academics, are watching developments.
Some worry the laws could further restrict the city’s freedoms, while others worry the final law could impact data security and that state secrets provisions could hamper research and information gathering.
The law creates a new crime of sabotage, which is the illegal use of computers or electronic systems to endanger national security, punishable by 20 years in prison.
Some lawyers said the definition of state secrets appeared to be quite broad, including military, security and diplomatic secrets, as well as confidential social, economic and technical information involving the Chinese and Hong Kong governments and their relations.
Some analysts and diplomats worry that research on China’s politics, economy and military, as well as due diligence on mainland Chinese individuals and companies – traditionally conducted by some Hong Kong companies and academics – could stray into the realm of state secrets. .
But despite the variety of information contained, the law still requires it to be secret and threaten national security if leaked.
The law provides for a public interest defense, but as long as “the public interest served by disclosure is clearly greater than non-disclosure,” the threshold is high.
Hong Kong Chief Executive Lee Ka-chiu said these laws are in line with international standards and protect Hong Kong’s rights and freedoms.
Doesn’t Hong Kong already have a national security law?
Yes. It has several archaic, obscure and arcane laws that have existed since the British colonial days and still remain on the books today.
Beijing also implemented a sweeping national security law in 2020, which officials said was necessary to bring stability to Hong Kong after months of pro-democracy protests in 2019.
The law covers only some crimes, such as colluding with foreign powers, and also allows mainland state security personnel to be stationed in Hong Kong for the first time.
It also instituted a provision to send suspects to face trial on the mainland, where the courts are controlled by the ruling Communist Party.
The 2020 law highlights the need for Hong Kong to continue work on Article 23 and develop local legislation. Senior Hong Kong officials say legal loopholes need to be closed, particularly in dealing with so-called “soft resistance” following the 2019 protests and internet controls.
Security chief Don Kris has repeatedly said the government needs better tools to deal with espionage and the activities of foreign agents in the city.
Doesn’t China already have a state secrets law?
To reflect President Xi Jinping’s priorities, China updated its own state secrets law in 2023 to ban the transmission of any information related to national security and broadened the definition of espionage. Some analysts say that remains vague.
Hong Kong’s version must deal with state secrets, but the legislation must meet the standards of English common law, of which Hong Kong remains part.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
