Hong Kongers and foreigners in Hong Kong could face life in prison under a new national security law targeting treason and sedition, another blow to the city’s political freedoms.

The Hong Kong government released draft Article 23 on Friday, with Hong Kong leader Lee Ka-chao calling for its adoption “at full speed”. The bill comes after China imposed its notorious national security law in 2020, a year after widespread pro-democracy protests in Hong Kong.

Experts tell I The law will “put another stake in the coffin of Hong Kong’s political autonomy,” with implications for business, academia, media and law. The law could further impact China’s economy by curbing foreign political groups and other organizations in Hong Kong.

The EU said it had some “serious concerns” about provisions of the bill, particularly the paragraphs on “external interference”.

What does the bill say?

Article 23 would update existing national security laws to outlaw sabotage, sedition, espionage and treason. These include treason, rebellion, sabotage and rebellion, which are punishable by up to life imprisonment, espionage, which is punishable by 20 years in prison, and crimes involving state secrets and sedition, which are punishable by 10 years in prison.

It also recommended that police detention of people arrested without charge could be extended to 14 days, with the approval of a magistrate, and could limit access to lawyers, compared with the current 48 hours.

The bill does take note of free speech and other rights in Hong Kong.

Hong Kong, China - March 08: Hong Kong Legislative Council Chairman Leung Kwan-yin attended the Hong Kong Legislative Council's press conference on the legislation of Article 23 of the National Security Law on August 8, 2024 in Hong Kong, China. Hong Kong has proposed life sentences for crimes related to treason and rebellion in a draft security measure, with officials seeking fast-track legislation.  (Photo by Martin Henry/Anadolu via Getty Images)
Hong Kong Legislative Council Chairman Leung Kwan-yin held a press conference on the legislation of Article 23 National Security Law at the Hong Kong Legislative Council today (Photo: Martin Henery/Anadolu via Getty Images)

However, experts warn that the law could further erode Hong Kong’s precious few remaining freedoms.

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Rights advocates and lawyers say sedition charges can apply broadly, meaning anyone in possession of a publication deemed “seditious” such as a book or article could be charged.

Professor Eric Tsang, director of the China Institute at SOAS, said the bill would “further restrict individual rights and freedoms” and “fill the gap left by the National Security Law (NSL) passed in 2020,” told I.

But he said national security laws may already be “restrictive enough” which could limit the impact of new laws.

Professor Peter Grice, director of the Manchester China Institute at the University of Manchester, said the bill violated a fundamental part of the “one country, two systems” agreement reached between China and Britain when Hong Kong was handed over to China. 1997.

“Politically, the new bill adds another stake in the coffin of Hong Kong’s political autonomy,” he said. “The broad scope of the bill is likely to have a further chilling effect on any political dissent.”

(File) This composite photo created on July 1, 2003 shows a tram appearing to be stuck as thousands of people blocked streets to protest against a controversial anti-subversion law, known as Section 23, in Hong Kong on July 1 Dilemma. 2003; (below) Members of the Social Democratic Alliance hold a banner that reads "Without democracy, there would be no people’s livelihood "Put the people above the country and human rights above the political power. Without democracy and human rights, there will be no national security." On February 27, 2024, outside the Central Government Office Building of Hong Kong. Hong Kong's proposed national security law has the city's business, human rights and diplomatic circles concerned about government overreach in the international financial hub.  (Photo by Peter Parks/AFP) / Pairing: Hong Kong-China-Politics-Law, by Su Xinqi and Chen Holmes (Photo by Peter Parks/AFP: Getty Images)
Above: Protests against Section 23 of the Anti-Subversion Act on 1 July 2003. Thousands of people blocked the streets and held a large-scale protest march against the anti-subversion law, and the tram was trapped; Picture below: In February this year, members of the Social Democratic Alliance held up a banner that read “Without democracy, there is no people’s livelihood, the people are above the country, human rights” Above the regime, there is no national security without democracy” Human Rights and Human Rights in Hong Kong (Photo: Peter Parks/AFP)

Will this bill pass?

The city’s legislative council began debating the bill on Friday, with the first two readings concluding in the early afternoon.

Government leaders hope to pass the law quickly, which could happen within weeks.

The bill is similar to another the government tried to pass in 2003, which was abandoned after half a million people protested against Article 23.

Professor Grice said the legislation was expected to be easier to pass this time around. “Opposition in the legislature has been weakened and large-scale street protests are less likely than before,” he said.

Professor Zeng added that opposition lawmakers would run greater risks than before by speaking out against the legislation.

“Public opposition to this legislation in accordance with Article 23 of the Basic Law [the city’s mini-constitution]could leave lawmakers facing charges of violating Hong Kong’s national security law imposed by China’s National People’s Congress [National People’s Congress] 2020 Standing Committee,” he said.

Will Hong Kong take a financial hit?

There are concerns that the bill could financially impact Hong Kong and even China. Professor Grice said Hong Kong is a strong financial center in China, but the new bill may have an adverse impact on the way foreign companies operate in China.

“The new bill could not come at a worse time for China’s struggling economy, as the definition of ‘state secrets’ includes basic economic information that foreign companies need to invest in China,” he said.

Declining confidence in China’s economy, high unemployment and low birth rates have threatened China’s economic standing.

For Professor Zeng, any far-reaching liberal law will have an impact on research. “Tough national security laws can only restrict the research environment, especially in the social sciences and humanities,” he said.

“It will have less impact on scientific research and innovation. But the tense atmosphere will make Hong Kong less attractive to world-class scholars, no matter what discipline.”

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