- Hong Kong debates security law
- Harsher penalties proposed
- Public consultation, majority support
After Chief Executive John Lee stated that the draft of a new national security law for the Chinese territory should be enacted “at full speed,” the Legislative Council of Hong Kong began debating the matter.
Officially referred to as the Safeguarding National Security Bill, deliberations on Friday commenced at 11 a.m. (03:00 GMT) and were postponed until March 11th, less than fifteen minutes later.
A few hours before the session, an online version of the 212-page (PDF) bill draft was made public. It contains provisions for new legislation concerning treason, espionage, external interference, state secrets, and sedition.
Individuals convicted of treason could potentially receive life sentences in prison. In contrast, those found guilty of espionage or breaching state secrets could be sentenced to ten and twenty years in prison, respectively. Additionally, penalties for alleged collusion with foreign forces will be harsher, especially when individuals are perceived to be cooperating rather than operating independently.
Sedition, which is presently governed by legislation from the colonial era, has also seen an increase in penalties from two to between seven and ten years. Furthermore, in opposition to the globally recognized benchmark for sedition, the stipulations of the bill permit individuals to be accused of the offense even in the absence of any violent intent.
Additional provisions grant law enforcement the authority to detain suspects for two weeks prior to prosecuting them, as opposed to the current forty-eight hours. Furthermore, during pre-charge detention, police will be able to request permission to revoke a defendant’s right to legal representation. The measure also authorises the cancellation of “absconders'” passports by the authorities.
Lee issued a statement in which he urged “full speed” passage of the measure in order to facilitate the territory’s progress.
“Hong Kong is required to implement the Article 23 legislation of the Basic Law as soon as possible; the sooner, the better.” “By finalizing the legislative process even one day earlier, we can ensure the protection of national security more efficiently that day earlier,” he said in a statement.
“After that, the Hong Kong Special Administrative Region [SAR] can concentrate on economic development, enhancing the standard of living of the populace, and ensuring Hong Kong’s long-term stability and prosperity.”
Former Hong Kong-based attorney Samuel Bickett, who was imprisoned and subsequently deported for allegedly assaulting a plainclothes police officer in December 2019, stated that the law was likely to pass with minor modifications.
Bickett, who now writes on X, stated, “It is an unambiguous, transparent move by Beijing to ensure that even the most minute opposition will not go unpunished in Hong Kong.”
Unlikely opposition
Subsequent administrations refrained from implementing Article 23 in the wake of the 500,000-person demonstration that erupted through the city streets in 2003 in opposition to the legislation’s introduction by the administration of then-CEO Tung Chee-hwa.
However, the most recent iteration is currently under deliberation amidst a significantly transformed political climate.
As of June 2020, Hong Kong is governed by a national security law formulated by the People’s Republic of China. This legislation was enforced in the city subsequent to demonstrations in which hundreds of thousands of individuals engaged in street affairs the previous year, demanding greater democratic representation and occasionally resorting to violence.
Bypassing the local legislature, the broadly construed Beijing law imposed life sentences for acts deemed to be secession, subversion, “terrorism,” or collusion with foreign forces.
Critics assert that the law has “decimated” the territory’s long-held liberties, which Beijing guaranteed to uphold for a minimum of five decades subsequent to re-establishing sovereignty over Hong Kong in 1997. In contrast, the authorities assert that the legislation was indispensable for reinstating stability.
The pro-democracy political class has been forced into exile, while the media and civil society organizations have been shut down, and thousands of individuals have been arrested.
Jimmy Lai, proprietor of the Apple Daily tabloid and a media magnate, is presently a defendant in what is arguably the most prominent case involving national security. In 2021, the Apple Daily ceased operations subsequent to a police search on its premises, which resulted in the arrest of Lai and other employees and the freezing of its assets.
“Join the Webull revolution in the UK and receive your free shares today.”
In addition, the legislature has been reformed since 2019, with pro-Beijing candidates preponderant, as electoral rule changes, ensuring that only those considered loyal to China could run for office, reducing the number of directly elected seats. There are no opposition members in the chamber.
A week after a month-long public consultation process on the bill concluded, it is now subject to consideration.
According to the government, 98.6% of the 13,147 submissions “indicated support for the legislation and made positive comments.” Additionally, consultations were conducted with select groups comprising an estimated 3,000 individuals. Hong Kong is home to in excess of seven million inhabitants.
