On Friday, the government unveiled its proposed national security bill following a month-long public consultation that ended last week. City leaders want it to be swiftly passed, potentially within weeks. Article 23 package is designed to update or create new laws to prohibit treason, sabotage, sedition, theft of state secrets, and espionage. It also potentially tightens control over foreign political bodies and organizations operating in the city and gives mainland China agents stationed here broad investigative powers.
The law has sparked anxiety among business leaders, lawyers, and activists. Critics say it could be used to silence criticism of the Chinese government and Hong Kong authorities, both locally and internationally, and threaten the city’s reputation as a freewheeling global financial hub. Some fear it would thwart investments and hurt data operations. In contrast, others worry about the impact on freedom of speech and the vague and broadly worded crime of threatening national security. They also point to a section allowing police to detain suspects without charge for up to 16 days and deny them access to a lawyer of their choice. The bill is to be applied across the territory, and police may enlist experts from outside Hong Kong to investigate. It also proposes a local intelligence unit to collect information on people and companies, and it allows mainland officials to enter the city.
Lawmakers have a short window to debate the 110-page document, which runs until Feb. 28, because the Lunar New Year holiday is approaching and many residents will be away from the city. The public has been asked to submit comments through the government website, though many critics say there needs to be more opportunities for meaningful engagement.
The law’s defenders say the government has offered clear explanations and seeks to fulfill its constitutional responsibility to protect Hong Kong from external threats. It’s so in line with international standards. They say they expect badmouthing of the proposal to dissipate as soon as people see the final version.
A former law professor and exiled activist said the new laws are meant to stifle any criticism of the mainland or Hong Kong governments and their policies and will have extraterritorial reach. He said they could stifle the work of local activists who exchange ideas with their overseas counterparts and lead to the prosecution of journalists who receive government information on controversial policies.
Businesses have also expressed concern about the sweeping powers it would give mainland Chinese officials stationed here. Analysts say they could stifle business opportunities and disrupt the city’s information technology sector. They could also restrict telecommunications, limit business research, and hamper data operations. The law also proposes to bar the media and members of the public from observing trials in cases involving alleged national security offenses. They could face jail terms of up to 20 years if found guilty of violating the law. If the law is enacted, it will be the first such measure since the handover of Hong Kong in 1997.
