- Hong Kong has begun public consultations on the national security law, more than three years after the Chinese government imposed a similar law.
- The bill could expand the government’s powers to prosecute residents for crimes such as collaborating with foreign entities to influence the law or spreading misleading information.
- Existing laws already suppress political dissent, and hundreds of people have been arrested on charges related to participating in unofficial elections.
Hong Kong on Tuesday began public consultations on a local national security law, more than three years after the Chinese government implemented a similar law that all but wiped out dissent in the semi-autonomous city.
The new law could expand the government’s powers to prosecute residents for crimes such as collaborating with foreign powers to influence the law, “making misleading statements” and shutting down civil society organizations. There is sex. Some of its provisions threaten criminal prosecution for acts committed anywhere in the world.
Hong Kong’s mini-constitution, the Basic Law, calls for a national security law, but it has been delayed for decades amid widespread public opposition amid fears it would erode civil liberties. In 2003, his attempt to pass a version of the law sparked street protests attended by half a million people, and the bill was shelved.
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But the city’s crackdown on political opposition means the bill is likely to pass easily. Since 2020, many of the city’s leading democratic activists have been arrested, silenced, or forced into exile. Dozens of civil society organizations have been dissolved and outspoken news outlets such as Apple Daily and Stand News have been shut down.
Hong Kong Security Secretary Chris Tan speaks during a press conference at government headquarters in Hong Kong, January 30, 2024. Hong Kong began public consultations on the national security law on Tuesday, more than three years after the Chinese government imposed a similar law. Opposition within the city was almost completely wiped out. (AP Photo/Louise Delmotte)
The city released a 110-page document Tuesday outlining its plans for the bill, although a draft plan will be prepared at a later date based on input from a public consultation that began on Tuesday and ends on February 28.
City Leader John Lee called the bill a “constitutional liability.”
“We should not wait any longer,” he said at a press conference. “Threats to national security are real. We have experienced all of these threats. We have suffered terribly from them.”
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Both Hong Kong and Beijing have praised previous national security laws for restoring stability after massive 2019 democracy protests.
Mr Lee said a local version was still needed to keep Hong Kong safe from “potential sabotage” and “troubling undercurrents”, especially lingering ideas about Hong Kong independence. . Mr Lee also said some foreign agents may still be operating in Hong Kong.
He said other countries such as the US, UK and Singapore have similar laws to protect security, and Hong Kong will take advantage of them.
Critics say authorities are using the domestic national security law as another tool to crack down on dissent, further eroding freedoms promised when the former British colony returned to Chinese rule in 1997. I am concerned that this may be the case.
The security law imposed by the Chinese government criminalizes subversion, advocating secession, interfering in municipal affairs in collusion with foreign forces, and acts of terrorism, but does not cover all crimes that authorities wish to target. It’s not that I’m doing it.
Eric Lai, a researcher at the Georgetown Asian Law Center, said the month-long public consultation is shorter than the usual three months for important legislation and resembles “window dressing.”
Highlights of the package include a ban on “endangering national security by collaborating with outside forces to interfere inappropriately in the affairs of our country or the Hong Kong Special Administrative Region.” The document also suggested that misleading statements made in collusion with “external forces” with the purpose of endangering national security could be considered espionage.
It would also ban inciting public officials to abandon the Basic Law or allegiance to Hong Kong or China, expanding an existing law that only covers members of the police and other security forces.
Lee promised that people can still criticize the Hong Kong government and express their opinions as long as there is no intention to endanger national security.
The government already uses existing laws to silence most dissent. Hundreds of people were arrested under the 2020 law.
About 47 people were charged under the 2020 law for participating in an unofficial primary election, and two people were charged under the old sedition law during the same period for clapping in court and insulting a judge during a trial. was convicted on the basis.
Li said that unlike the 2020 law, the law does not provide for the transfer of suspects to mainland China for trial.
Security chief Chris Tan said the bill would cover the use of computers and electronic systems to endanger national security, as well as the disclosure of state secrets, espionage, treason and sedition. Ta. The proposal expands the definition of state secrets to cover “Hong Kong’s economic and social development” as well as defense and diplomatic activities.
The leader of the city’s largest pro-democracy party called for clarification on how the law defines state secrets. Democratic Party leader Loh Kinhei asked whether journalists could be held liable if they report inside government information in the public interest.
The proposal also calls for amending and updating several existing laws covering treason, theft of state secrets, and espionage. Parts of the proposed law would apply beyond Hong Kong’s borders.
The government has indicated it may use the new law to revoke the passports of people fleeing abroad, citing a similar U.S. law.
Such a law could affect many activists who have fled into exile for fear of arrest. Hong Kong police have issued HK$1 million ($128,000) to at least 13 foreign activists, including former MPs Nathan Lo and Ted Hui, for colluding with outside forces to impose sanctions on Hong Kong and China. A bounty was given.
The new law could also make it difficult for civil society organizations to operate in Hong Kong. City security chiefs will have new powers to shut down such organizations to protect public safety.
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After a period of consultation, the bill will be drafted and scrutinized by the Legislative Council. Given the lack of opposition MPs following the overhaul of Hong Kong’s electoral system, it is expected that once the bill is submitted to Parliament, MPs will pass the domestic national security law after three readings without major opposition. has been done.
Lee did not say when the law would come into force, other than to say it should be implemented “as soon as possible.”
Under Hong Kong’s constitution, the city has “independently” enacted laws that prohibit seven types of acts: treason, secession, sedition, subversion of the Chinese central government, theft of state secrets, and foreign political groups carrying out political activities in the city. It is necessary to enact it. , and local political groups that establish relationships with foreign political groups.
