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Hong Kong's national security law
Hong KongLaw and Crime

Should Hong Kong’s proposed domestic national security law include a public interest defence?

  • Security minister says authorities ‘actively considering’ the defence for new legislation required under Article 23
  • But government advisers disagree over need for press to have public interest defence in cases related to state secrets

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Officials meet the press to kick off public consultation on the coming security law. Photo: Sam Tsang
Kahon ChanandJess Ma
Hong Kong’s security minister has said authorities are “actively considering” a “public interest defence” clause for new domestic national security legislation as the city’s top government adviser and scholars called for prescribed protections for the press.

But the suggestion was rebutted by a barrister and member of the key decision-making Executive Council, who on Tuesday said no public interest defence was valid when a person had been proven to intend to endanger national security.

The government launched the public consultation for legislation outlawing five types of acts not covered by the Beijing-decreed national security law imposed in 2020. They are: treason; insurrection and incitement to disaffection, acts with seditious intentions; theft of state secrets; foreign interference; and sabotage.
Legislator and Exco convenor Regina Ip. She has asked whether under the new law the media will be able to cite a public interest defence for their news coverage as they can in Britain. Photo: Sam Tsang
Legislator and Exco convenor Regina Ip. She has asked whether under the new law the media will be able to cite a public interest defence for their news coverage as they can in Britain. Photo: Sam Tsang

The 110-page consultation paper did not include any suggestions for a public interest defence. Exco convenor Regina Ip Lau Suk-yee urged the government to include a clause that would enable the press to use public interest as a defence in cases related to state secrets.

“Freedom of information is very important for Hong Kong as an international financial centre. Will the media be able to cite public interest defence for their news coverage like in Britain?” she said at a panel meeting of the Legislative Council on Tuesday.

Secretary for Security Chris Tang Ping-keung responded that authorities were actively studying inclusion of a “material public interest defence”, although he noted the media should also use common sense to determine what materials were risky.

“For example, weather forecasting has nothing to do with national security, but when it comes to where defence deployments are, this obviously endangers national security,” Tang said.

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