Explained: What does Hong Kong's new national security law say?
The law introduces 39 new national security offenses and grants authorities extensive powers, including closed-door trials and prolonged detention without charge. Critics fear it could curtail political dissent and commercial activities, while supporters assert it is necessary for restoring stability
FollowHong Kong's Legislative Council unanimously approved a comprehensive new national security law on Tuesday, raising alarms among critics and analysts who fear the legislation will bring the city's legal framework more in line with mainland China's stringent security laws and intensify the crackdown on dissent.
The legislation, spanning a formidable 212 pages in its initial draft, was expedited through the council with unusual speed over a mere 11-day period, at the behest of city leader John Lee.
What does Article 23 say?
Article 23 mandates the enactment of laws to prevent activities threatening national security, such as treason and sedition. Despite an unsuccessful attempt to pass such legislation in 2003 due to mass protests, it resurfaced after the implementation of Beijing's separate security law in 2020. Pro-democracy advocates express concerns over potential infringements on civil liberties, while authorities stress the constitutional obligation to enact it.
Gary Chan, chairman of the pro-Beijing party DAB, lauded the bill for precisely targeting national security threats. He highlighted its clear provisions and references to overseas laws, dismissing concerns raised by critics.
The direct insertion of national security legislation into Hong Kong's mini-constitution by Beijing in June 2020 came after a year of pro-democracy protests. This legislation criminalized various acts, including subversion, secession, collusion with foreign forces, and terrorism. The move granted extensive powers to the police, resulting in numerous arrests and the disappearance of civil society groups. Despite criticism from trade partners, the UN, and NGOs, authorities assert that the law restored stability to the city.
39 new national security offences
The contentious law, characterized by critics as aligning Hong Kong's legal framework more closely with mainland China's stringent security laws, introduces a staggering 39 new national security offences. These additions come on the heels of the imposition of a robust national security law by Beijing in 2020, a response to the large-scale democracy protests that rocked Hong Kong the previous year.
Scheduled to take effect imminently, the legislation expands the scope of national security crimes to include offenses such as treason, espionage, external interference, and unlawful handling of state secrets. Notably, the most severe offenses carry penalties of up to life imprisonment. Dubbed locally as Article 23, the law grants authorities sweeping powers, including the ability to conduct closed-door trials and detain suspects for extended periods without charge.
Hong Kong's Chief Executive Lee hailed the passage of the law as a "historic moment" for the city, emphasizing its importance in meeting the expectations of the central government in Beijing. However, the law's critics argue that its broad definition of national security offences could potentially criminalize legitimate political dissent and commercial activities.
Concerns over the new law
Of particular concern are provisions granting authorities the authority to ban organizations and companies deemed to be collaborating with foreign entities from operating in Hong Kong. This measure, coupled with the law's emphasis on patriotism and allegiance to Beijing, has raised fears about the future of civil liberties and the rule of law in the city.
In mainland China, where national security laws have been used to target businesses and individuals perceived as threats to state security, the passage of the new law in Hong Kong is seen as further tightening Beijing's grip on the semi-autonomous territory. The law's provisions regarding collaboration with "external forces" have also prompted apprehension among international businesses operating in Hong Kong.
