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SCMP Reporters

This blog has been made freely available as a public service to our readers. Please consider supporting SCMP’s journalism by subscribing.
Hong Kong’s leader mapped out the details of a public consultation on a domestic national security law on Tuesday, with authorities publishing nine chapters from the proposal and ministers briefing lawmakers on the coming legislation.
Chief Executive John Lee Ka-chiu was joined by Secretary for Justice Paul Lam Ting-kwok and security minister Chris Tang Ping-keung, who are part of the core team on the Article 23 legislation, at a 10am press conference.
Shortly afterwards, authorities released the consultation paper on which residents have a month to offer their views, with chapters 3 to 7 covering five major activities endangering national security, such as treason, insurrection, theft of state secrets and sabotage. Most of the fresh proposals aimed to complete existing laws and establish new ones.
In the afternoon, Lam and Tang also briefed lawmakers at a special joint session of the legislature’s judiciary and security panels.
Reporting by Lilian Cheng, Jeffie Lam, Willa Wu, Harvey Kong, Sammy Heung, Jess Ma and Emily Hung


As it happened: Hong Kong to make sweeping changes in Article 23 targeting foreign influence, state secrets; 1-month consultation starts

The legislation of Article 23 is set to be completed within this year to expand the scope of national security offences. Photo: Felix Wong

News

Hong Kong

Politics

Authorities map out details of new domestic security law, which they say will apply extraterritorially in some cases, as public consultation gets under way
Nine chapters released in consultation paper for residents to offer their views, with activities such as treason, insurrection and theft of state secrets targeted


Nine chapters released in consultation paper for residents to offer their views, with activities such as treason, insurrection and theft of state secrets targeted.


Hong Kong national security law (NSL)

Hong Kong politics

Hong Kong Basic Law

John Lee

Executive Council of Hong Kong

Hong Kong’s Article 23 national security law

Live

The government’s first attempt to pass the controversial Article 23 legislation in 2003 failed to secure majority support in the legislature after half a million people took to the streets in protest. Authorities were criticised at the time for foregoing a white bill consultation.
Article 23 of the Basic Law, Hong Kong’s mini-constitution, requires the city to enact legislation to ban acts of treason, secession, subversion and theft of state secrets.
The law will also prohibit foreign political organisations or bodies from conducting political activities in Hong Kong, and ban political organisations or bodies in the city from establishing ties with foreign political groups.



A second attempt

Lee spent half of his latest question and answer session in the legislature discussing the preparation work.
You can read our last live blog here:
As it happened: Hong Kong leader vows all-out bid to explain Article 23


Preparing lawmakers

Lee said last week he and the secretaries for justice and security would form a “core team” in charge of publicity efforts on the legislation. No 2 official Eric Chan Kwok-ki and finance chief Paul Chan Mo-po would provide coordination support.
Among Lee’s major messages to the international community is that Hong Kong has only a fraction of the national security safeguards of many Western countries.
Research by city authorities found that the United States had 21 pieces of related legislation and Britain 14.
Lee said the legal framework for national security was like a car “still missing many parts”, but warned that “hostile forces are watching and waiting for opportunities”.


Core team to lead publicity efforts

Authorities would set up a “rebuttal team” to counter online attacks on the proposed law, Lee said during the question and answer session in the legislature on Thursday.
He also promised to make sure clear explanations would be given to business leaders, diplomats and international chambers of commerce.
“In the past, we have seen hostile forces carry out a lot of publicity work to slander and distort facts, especially on the internet,” he said.
“I believe this will happen again in our legislative work this time. We will set up a rebuttal team in this area, especially on social media, to tell people the truth.”


‘Rebuttal team’

The usual cityscape background used for government press conferences has been replaced by a plain purple backdrop and the title: “Safeguarding National Security: Basic Law Article 23 Legislation”.


Stage set

The city leader begins the press conference by declaring that the government will begin the consultation for the local security law on Tuesday, with officials attending a legislative session in the afternoon.
“The legislation must be done as soon as possible. This is also the constitutional responsibility of the Hong Kong SAR,” he says.



‘We will officially begin consultation’: Lee

John Lee sets out three principles for legislating Article 23. Based on the “one country, two systems” governing principle, he says the legislation aims to safeguard national sovereignty while protecting human rights and freedoms, as well as actively preventing and punishing activities which threaten national security, based on the rule of law.



3 legislative principles

Lee says other than the constitutional responsibilities, principles and methods of the legislation, the paper will also include suggestions for amending existing laws and drawing up new ones.
It will also list out national security laws from foreign countries to help the public to take reference and make comparisons, as well as the shortcomings of the current legal system, he adds.


Content of consultation paper

Lee says a new law will be introduced, with the government taking reference from other countries, as many jurisdictions have their own legislation based on security needs. He cites the United States having 21 such laws, the UK with 14, Canada with 9 and Singapore with 6.


Reference from overseas jurisdictions

Secretary for Justice Paul Lam says it is an international norm for jurisdictions to enact national security legislation and amend or enact laws based on the latest situation to address threats.
He also stresses that Hong Kong should enact its own national security law as soon as possible to fulfil its constitutional responsibilities, pointing to the clauses in Article 23 of the Basic Law, the Beijing-decreed national security law and an earlier decision handed down by the apex body of the national legislature on May 28, 2020.


City must fulfil constitutional responsibilities: Lam

Justice minister Paul Lam lays out three basic principles regarding the home-grown law, saying it must help to ban behaviour and activities that endanger national security.
It needs to be complementary with the Beijing-decreed national security law, while there should be a mechanism to clearly implement the current security law and Article 23 of the Basic Law.


New law has to be complementary with Beijing-decreed one: Lam

Secretary for Security Chris Tang says that in rolling out the legislative framework, authorities will amend a number of existing ordinances to expand their coverage in fulfilling the Article 23 requirements.
He says the consultation paper will include nine chapters with the first two illustrating the government’s constitutional duty, national security risks that Hong Kong is facing, and the need for the legislation. It will explain the legislative principles, factors for consideration and methodology for studies.


Nine chapters in consultation paper: Tang

The proposed legislation places great importance on the protection of human rights, justice minister Paul Lam says, assuring it will align to the global standards under international conventions to protect Hong Kong people’s rights and freedoms.
But he notes that freedoms and rights are not absolute. The freedoms of speech and assembly should not go against national security, he says, adding that the new legislation only targets the few people who endanger national security.



Human rights protections

Chris Tang says the legislative work has taken into account similar laws overseas, ones that are applicable for Hong Kong and the current situation in the city.
“We will only take reference from foreign countries when they are appropriate, instead of copying all of them directly,” Tang says.


Hong Kong ‘will not copy directly’ from foreign examples

Chris Tang says authorities will draft a new ordinance to prevent any foreign groups from intervening in the affairs of China and Hong Kong, such as the city’s elections, legislative or judicial decisions or attempts to affect our relationships with other places. It will also amend the Societies Ordinance to ban the groups in question.
He also says Article 23 will enjoy extraterritorial powers, stressing it is drafted based on international laws and norms, Hong Kong’s current laws, overseas examples and the similar powers of the Beijing-decreed security law.


New law to have extraterritorial powers

Tang says chapters 3 to 7 will cover five major activities endangering national security, with most of the fresh proposals targeted at completing existing laws and establishing new ones based on the city’s situation and needs.
Chapter 3 will include suggestions for laws related to treason, such as improving the first two parts of the Crimes Ordinance and the common law.
“Some of the laws used in the colonial era will be removed,” he says. “[The legislation] will then add in treason and related behaviours that need to be guarded against such as foreign interference and people accepting overseas training.”
Chapter 4 will be about behaviours that constitute insurrection, incitement to mutiny and disaffection, and acts with seditious intent.
Tang says authorities will update part two of the current Crimes Ordinance that has been enforced since 1971, including the targets of incitement to officials that formulate and implement policies, safeguard judicial independence and those who have statutory investigative powers.
The security minister adds that there will be a new law related to sedition, to handle riots that endanger national sovereignty.
Chapter 5 will suggest updating the Official Secrets Ordinance to guard against secrets related to the country and the city, with clear references on “state secrets”. Relevant clauses on espionage activities will also be updated.
Taking reference from overseas examples, there will be new clauses to ban people from taking part in or supporting overseas intelligence organisations.



Expanding on chapters

Lee says the public consultation will last until February 28, during which the government will also meet with different local and foreign organisations to explain the legislation.
He explains that the consultation period was set at a month because detailed content of the legislation, as well as government’s approach and foreign examples have been listed in the paper, thus helping the public to better digest the information.
Meanwhile, society has also reached a consensus that the sooner, the better for Article 23 legislation as they have realised after the “colour revolution” in 2019 that threats to national security will come unexpectedly, Lee adds.



Consultation will run until February 28

Asked why authorities are only spending a month to gauge public opinion, which is considerably shorter than before, Lee insists the consultation period is “suitable”.
“We have explained the bill in detail in the document to help residents’ understanding,” he says.
Lee says the government is “serious” about conducting the consultation and will ensure all residents’ views are considered.
“We will scrutinise them and see which proposals to adopt that can tackle national threats now and in the future,” he says.


Consultation period ‘suitable’

Responding to a reporter, Lee suggests that the city is facing security risk from two fronts.
The first, he says, is seen in attacks by Western nations on the country’s security development based on political reasons. “Foreign intelligence organisations, the CIA, and British intelligence agencies have publicly stated that they are doing a lot of work against China and Hong Kong,” he says.
Internally, the city is still facing risks of street violence so the government must stay alert, he says.



Security risks on 2 fronts: Lee

The chief executive says the new law aims to protect the city from foreign attacks rather than the other way round.
“National security risks are complex, real, and the legislation must be done as soon as possible,” he says.
“The world should live in peace. We do not want others to offend us, but we must protect ourselves well.”


‘We must protect ourselves well’

Lee says the government’s consultation will “welcome all kinds of information and opinions”, as the aim is to produce an effective law.
The legislation will be subject to the scrutiny of Hongkongers and the international community, the city leader says.
“We are confident. We are proud and we stand tall because the principles we adopt conform with the international standards and we are doing it in exactly the same way other [jurisdictions] are doing it,” he says.


‘All kinds of information, opinions’ are welcome

John Lee tells the public that defendants charged under the legislation will not be sent to mainland China for trial, as the new law deals with activities in Hong Kong.
So they will go on trial in the city using Hong Kong laws, Lee says.
Such a clause exists in the Beijing-decreed national security law.



‘Defendants won’t be sent to mainland for trial’

Asked how he will assure foreign non-governmental groups and enterprises that they can operate safely in Hong Kong, Lee stresses that the new law is to bring stability and safety to the city.
“Surely, organisations and enterprises do not like to operate in an area which is a war zone with conflict. No businessman wants to see their business being disrupted or destroyed by violence or in a war zone,” he says.
“The law aims to create a safe environment when people attack us, to protect us and tell people not to attack us,” Lee says, calling the Article 23 legislation a “defensive law”.
The law is meant to tell forces to “try somewhere else other than Hong Kong”, he says.


‘Defensive law’: assurances for foreign NGOs

John Lee says although the city currently seems “calm and very safe”, authorities will have to look for potential sabotage and undercurrents that try to create trouble, particularly ideas linked to Hong Kong independence that “are still being embedded in some people’s minds” and active foreign agents in the city.
“We will ensure we will control the situation in Hong Kong in such a way that any potential trouble that disturbs Hong Kong’s stability will be nipped in the bud,” he adds.


Trouble to be ‘nipped in the bud’

Asked about the timing of the new security law, Lee says the city cannot afford to face further attacks or risks.
“Why now, we can’t wait … 26 years we have been waiting, we cannot wait any longer. The risk is real … We suffer from it badly, the heartbreak, the sorrow, the pain, we don’t want to experience them again,” he says.
The city leader also notes that badmouthing of the new legislation from foreign forces is expected, as such actors want the new law to be weak so they can exploit loopholes to attack the city.
“So I want the government to be up and with full gear, loud and clear to tell the world that we are [doing it] to protect [against] your attacks.”


‘We can’t wait any longer’

Asked whether he fears the new law will affect Hong Kong’s economy, Lee argues that the city has seen more investors over the past few years after Beijing imposed the national security law, citing various figures.
He says savings have increased in the banking system, and the city is seeing more start-ups, more overseas companies moving to Hong Kong and “almost double” the investment money.
Asked if the new legislation will deal a further blow to the city’s sluggish stock market, Lee notes many factors, including supply chains and wars, influence its performance.
“Without a safe and stable environment, prosperity is built on sand. It is an illusion. A stable environment is no doubt beneficial to business … people will naturally flow to a place where safety is guaranteed” Lee says.
He says that when you have “stability and security, money will come towards it, people will come towards it”.
“We are very confident that the earlier we finish enacting Article 23, then what has been troubling us for 26 years we can put a full stop to it and focus comprehensively on economic development that will ensure we will create more benefits to Hong Kong.”



‘When you have stability and security, money will come’

Authorities will also draft new laws to tackle national security dangers brought about through computers or electronic systems, as suggested in chapter six of the consultation paper.
Tang says the new ordinance will be based on the current “access to computers with criminal or dishonest intent” laws and will cover serious conduct involving damage or impairment of public infrastructure, and endanger systems without authorisation.


Laws to target computer crimes

Tang says the last chapter of the consultation paper will share with the public some of the shortcomings in handling previous national security cases, to let the public understand and give opinions.
Tang suggests police often need to take longer to gather evidence and decide whether to prosecute in investigating complicated cases.


Last chapter to share security-case shortcomings

Regarding enforcement procedures under Article 23 and whether they will follow the existing national security law, such as through the use of non-jury trials, Lam says the Beijing-decreed legislation sets out that all local legislation must be consistent with it.
Thus, it is crucial to ensure that the coming legislation will be entirely consistent with the provisions of the national security law, he says.


Consistent with the national security law

Tang responds to a question over whether a larger police force is needed or longer detention periods will be enforced, saying sufficient time is needed for law enforcement to conduct investigations as national security cases are complex, requiring resources at national level and involving secrets and overseas elements.
He says they have looked at overseas examples of detention periods for such cases, such as a 14-day period allowed in the United Kingdom and up to two years in Singapore.
There is a need to examine the necessity for extending the bail period before trials, and the mechanism of how to make sure that all the detention periods are necessary, he adds.



Detention periods in spotlight

The officials exit the press conference. Stay with us as we cover security chief Tang’s briefing to lawmakers at a special session of the legislature’s security panel in the early afternoon.


Press conference ends

Authorities upload the consultation paper, totalling 98 pages and another 10 pages of summary, on the Security Bureau website soon after the press conference ends.
Residents can send their comments on or before February 28 by post, email or fax.
The bureau says the government has decided to introduce a new “Safeguarding National Security Ordinance” to comprehensively address the current security risks and those that may arise in future.
The ordinance will include the offences newly added or improved under current legislative proposals, new or improved enforcement powers, as well as supplementary provisions built upon the Beijing-decreed security law for procedural matters in relation to cases concerning national security.
The government says further legislation is not needed to cover secession and subversion as the current security law is sufficient.


Consultation paper released

In Chapter 4 of the paper, the government recommends introducing an offence of insurrection targeting actions such as “joining or being a part of an armed force that is in conflict with the country, with intent to endanger the sovereignty, unity or territorial integrity of the People’s Republic of China or the public safety of [Hong Kong] as a whole, or doing a violent act in the city”.
The government says there is no such insurrection offence under current laws, adding the most serious cases in the 2019 anti-government protests had endangered “the public safety of [the city] as a whole” but were only dealt with under rioting offences.


New insurrection offence floated

The government says “what had happened” in the past few years proved national security could be seriously endangered by seditious activities, particularly those acts, speeches, words or publications which incited hatred against authorities and which urged the public to disobey the law.
Given the seriousness of the crimes and the possible harm, it recommends raising the penalties for “seditious intention” and the related offence of possession of seditious publications, which are imprisonment for two years and one year respectively.
But the paper did not suggest a revised penalty.



Stronger penalties recommended for sedition-related offences

For the first time, the government suggests defining state secrets for any possible acts of theft.
The seven types of “secrets” listed in the paper are those that concern:

major policy decisions on affairs of the country or Hong Kong;


the construction of national defence or armed forces;


diplomatic or foreign affair activities of the country, or secrets concerning the external affairs of Hong Kong, or secrets that the country or city is under an external obligation to preserve in secrecy;


the economic and social development of the country or city;


the technological development or scientific technology of the country or Hong Kong;


activities for safeguarding national security or the security of the city, or for the investigation of offences;


the relationship between the central authorities and Hong Kong



State secrets defined

Taking reference from Canada, the government specifically highlights that the “theft of state secrets” should cover any confidential information acquired by any public officer or government contractor that would prejudice the interests of the central or city authorities.
In the recommendation, it suggests that a public officer or government contractor could be penalised for disclosing any information, document or other article which would be or was likely to be a confidential matter “if it were true”, regardless of whether the relevant information was true or not.


Penalties for unlawful disclosure of secrets

Taking reference from the social unrest in 2019, the consultation paper says acts of sabotage or impairment of public infrastructure paralyse the normal operation of society.
The government suggests introducing an offence of “sabotage activities” targeting damage or abuse of infrastructure, as well as any facilities providing services such as water supply, energy, fuel or communication.
“The proposed offences should cover most of the acts and activities endangering national security carried through computers [or electronic systems],” it says.


Sabotage needs formal offence: consultation paper

Victor Dawes, the chairman of the Bar Association, says it will review the proposed legislation carefully from a legal perspective and express its views in due course.



Bar Association to review proposal

Elaborating on another new offence, the consultation paper says the crime of “external interference” will target several acts, including influencing the central government or Hong Kong authorities in the formulation or execution of any policy or measure, interfering with the city’s elections and Legislative Council in discharging functions.
It notes that “collaborating with an external force” can cover those who participate in an activity planned or led by outside groups, or engage in the conduct on behalf of an external force.


New external interference offence

In the last chapter of the consultation paper, the government suggests that the past handling of some security cases showed police might need more time to complete the gathering of evidence and decide whether to lay charges in complex cases.
The current Police Force Ordinance requires suspects not to be detained for more than 48 hours.
The government says an arrested person involved in an offence endangering national security may pose considerable risks while on bail, such as associating or communicating with other members of a syndicate.
It also cites the UK National Security Act, saying it allows police to apply to a judicial authority for an extension of detention and enables some officers to ban a detainee from consulting a particular solicitor, while the US allows the Department of State to revoke a person’s passport.


‘An arrested person may pose risks while on bail’

In a paper submitted to the legislature, the government pledges to give comprehensive and prudent consideration during the legislative process to the provisions of the Basic Law, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, including provisions relating to the protection of individual rights and freedoms.
“It should be noted that such rights and freedoms are not necessarily absolute,” it says.
“Some rights and freedoms may be subject to restrictions that are provided by law and necessary for pursuing legitimate aims such as the protection of national security, public order or the rights and freedoms of others.”


Human rights pledge

Chris Tang arrives at the Legislative Council to brief lawmakers on the consultation work for the new national security law.
A joint session of the panels on security and the administration of justice and legal services will be held from 3.30pm to 5pm.



Security minister to meet lawmakers

Justice minister Paul Lam opens the briefing and suggests the new law must take into account the city’s real situation and how different countries have also adopted multiple sets of national security laws.
The second “must”, he says, is that the government needs to fulfil its constitutional obligations and complete the legislation as soon as possible.
The third is that the coming law complies with the demands in the National People’s Congress’ decision and the Beijing-imposed national security law.
Finally, Lam says, the law must protect residents’ freedoms and rights according to international conventions the city has signed, but he cautions that such freedoms cannot contravene the Basic Law and the Beijing-imposed national security law.


4 ‘musts’ of new legislation

Security chief Tang says the “colour revolution” and the protests in 2019, as well as volatile geopolitical risks, call for another law dedicated to national security to be introduced.
He says the one-month consultation period is sufficient for the public to offer comments.
“The earlier the legislation is made, the fewer national security risks we face,” Tang says, adding that the city should fulfil its long-delayed constitutional commitment to promulgate Article 23 of the Basic Law.
Tang then goes on to repeat the titles of the nine chapters in the consultation paper.


Practical need for new law: Tang

Chris Tang reiterates that the government has thoroughly considered foreign national security laws, but will not copy from them directly.
Law-abiding residents also do not have to worry about inadvertently offending the law by joining certain associations, Tang says, as the legislation will be very focused on suspects who have the intention to pose security threats.
“The law will not affect normal interactions between residents and businesses with foreign organisations,” he adds.



Law-abiding residents do not have to worry: Tang

Hong Kong’s sole non-pro-establishment lawmaker, Tik Chi-yuen, asks whether the government has concrete plans to explain the law.
Justice minister Lam says he will partake in introductory sessions with colleagues to gauge public opinion, taking the initiative to explain the law to residents.
Security minister Tang adds that “town hall”-style sessions, as well as explanations on traditional media platforms, will also take place.


‘Town hall’ to explain new laws

Lawmaker Tang Fei asks how the education sector should teach the coming law and how the government’s “rebuttal team”, established to combat antagonistic takes online, will work.
Chris Tang says it will be hard to carry out individual sessions for all sectors in the city during the consultation period, but the government will invite stakeholders to participate in town hall meetings.
Tang, who will lead the “rebuttal team”, says authorities need to rebut false takes on the law for the public to have a correct understanding.


How should the law be taught?

DAB lawmaker Holden Chow Ho-ding points to the UK’s laws over unregistered foreign associations, and asks whether the government will reference similar regulations from other countries to avoid human rights violation criticisms.
Justice minister Lam says the government will not copy similar laws, as the city must uphold the freedom of assembly.
Lam suggests Hong Kong only needs to amend the Societies Ordinance to achieve its aims, referring to banning illegal organisations.



Government will not copy laws on associations: Lam

Lawmaker Maggie Chan Man-ki says she supports the removal of legal terms that were formulated in the colonial era during the Article 23 legislation, and asks government officials whether they will also consider the same move for other legislation.
Justice minister Paul Lam replies that his department had noticed the need to alter certain outdated terms in the city’s laws, regardless of whether they are related to national security.


‘Certain outdated terms in city laws need to be altered’

Bill Tang Ka-piu says he is happy that the public consultation work for Article 23 has begun, but adds that “external forces” have been pressuring the judiciary and asks whether there are measures to counteract or prevent the activities.
Justice minister Lam says all officials dealing with national security issues, be it judicial officers or other staff, need to be protected and an amendment to current laws is required.


Need to protect officials: Lam

Dominic Lee Tsz-king asks whether the media will receive any exemptions when they report on information that may be considered state secrets, as well as whether there will be exemptions for people to reveal certain information.
Saying “common sense” will suffice, security minister Tang lists a few criteria to determine if media revelations will violate the law, including whether the information is confidential, it pertains to national security, and there is an intention to threaten national security.
He says while the government understands relevant concerns, further discussion on when “public interest” can be cited as an exemption is needed to avoid abuses.


Use common sense on state secrets: Tang

Chan Hok-fung asks how the government can promote Article 23 well internationally, and whether the government has approached social media platforms to ensure they are aware of the coming legislation.
Justice secretary Lam replies that authorities understand the need to explain the law in layman’s terms, hence interactive sessions will be organised.
City leader John Lee, Lam and Tang will spare time to further explain the law to foreign consuls and business chambers in the city, while Hong Kong’s economic and trade offices overseas will be involved in explaining the bill.


Awareness overseas

Carmen Kan Wai-mun asks whether authorities will also consider getting help from the central government, aside from referencing legislation overseas. She also voices concerns about some legislation conflicting with the new local national security law.
Justice minister Lam says since mainland China has the final decision over national security, the government will need Beijing’s approval in its work. He adds that the new law will review outdated crimes to update their terms, with enforcement units to continue their work as before.


Beijing to approve work: Lam

Chris Tang says suspending the validity of passports is a good way to deal with suspects who have absconded, pointing to the consultation paper which suggests the United States has similar clauses.
“We think this could be a good way for handling absconded persons, thus the suggestion was added to the paper,” Tang says.
He was responding to lawmaker Joephy Chan Wing-yan’s question on whether authorities faced difficulties in catching fugitives who have absconded overseas.


US law on cancelling fugitives’ passports a good reference: Tang

Executive Council convenor and lawmaker Regina Ip Lau Suk-yee asks whether all future national security prosecutions will require approval from the Department of Justice to kickstart proceedings, as well as whether a time limit will be applied on the categorisation of state secrets.
Lam says the justice department will need to approve any prosecutions under Article 23, while security minister Tang explains that any publicly available documents will not be qualified as state secrets.
Ip further asks if the media can use a “public interest defence” to report on state secrets.
Tang says he “has heard” such concerns and will consider them. He says he believes the existence of a “prominent public interest” will be the key factor in such determinations.
Ip was the security minister in 2003 during the city’s first attempt at legislating Article 23.


Publicly accessible documents not state secrets: Tang

Paul Lam notes that criminal laws, including the coming Article 23 legislation, do not have a retroactive effect. But he warns that some current legislation may still be applicable to offences to be laid out in the law.


New law not retroactive

Lawmaker Ma Fung-kwok asks how offenders based overseas will be penalised under the new law.
Justice chief Lam says that while most of the laws are just applicable for local offences, the Beijing-decreed national security law has also introduced extraterritorial jurisdiction, which provides a basis for the government when legislating the home-grown bill.


Most laws for local offences, but extrajudicial jurisdiction basis also set

Twenty-one lawmakers raised questions during the session with all of them showing support for the proposed legislation. Seven others did not get a chance to speak due to time constraints.


Panel meeting ends

Executive Council member Eliza Chan Ching-har says “today is the start of a new chapter of stability and certainty” in which everyone can prioritise what really matters – moving on from the turbulence of the past to create an unparalleled environment for business, commerce and finance that will revive the city’s economy.
“Nobody wants to do business in a state of flux, and the proposed national security legislation means multinationals and start-ups alike will soon have the assurance they need to invest, establish offices and conduct their business activities in Hong Kong,” she says.
Chan adds international companies should also welcome the consultation.
“It would not even be a surprise if the resulting legislation turned out to be narrower in scope and less stringent than equivalent laws in the US, UK and other jurisdictions,” she says.


‘New chapter of stability and certainty’

In a separate press conference, Democratic Party chairman Lo Kin-hei says further clarification on the legislation is needed, especially the meaning of state secrets and sedition, considering proposals to increase penalties and extended detention for certain offences.
“Political parties were often accused of foreign interference when they made similar remarks with foreign politicians. The government should clarify further to ease people’s worries,” he says.
“How will the authorities strike a balance between freedom of speech and national security?”
Lo says the law should also cover exemption clauses, as whistleblowers and journalists may be charged despite working in the public interest. The one-month consultation period, which includes the Lunar New Year holiday, is not sufficient for the public to understand and discuss the proposal, he adds.


How to balance freedom of speech and national security?

We are closing the live blog, but stay tuned for more stories on our website as we get reactions from lawmakers and political figures.
