The Hong Kong government will create its own national security law “as soon as possible,” text that will be added to Beijing's current laws in 2020, its chief executive announced on Tuesday.
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That text will cover five crimes, including treason, sedition and espionage, said several officials, including John Lee, chief executive of the southern Chinese territory.
“I must emphasize that laws (under) Article 23 of the Basic Law must be enacted… as soon as possible,” Mr Lee said, referring to the Basic Law article. The local mini-constitution requires Hong Kong to legislate on its own national security regarding seven security crimes, including treason and espionage.
“This is a constitutional responsibility of (Hong Kong) (…) that is not being taken on 26 years after the UK handed over the territory to China in 1997,” Mr Lee added.
Huge democracy demonstrations shook the financial center in 2019 as hundreds of thousands of people protested for more freedoms.
“Danger”
In response, Beijing enacted a national security law that covers four crimes – secession, subversion, terrorism and collaboration with foreign forces – and carries a maximum penalty of life in prison.
The city is administered according to the “one country, two systems” principle, which allows for a separation of legal and judicial structures from mainland China.
The consultation process on this new law will be “open” and the document containing the new provisions will be made available, said the head of Hong Kong's executive branch.
Even though “our society as a whole appears calm and very safe, we still need to be alert to possible sabotage and undercurrents that seek to cause unrest, especially some of the ideas about Hong Kong independence that are still ingrained in the minds of some.” people,” said John Lee.
“There may still be some foreign agents active in Hong Kong,” he added. “The threats to national security are real, we have experienced them and suffered heavily (…) we do not want to relive this painful experience.”
Since Beijing implemented its national security law in 2020, 290 people have been arrested under the law, including dozens of local politicians, pro-democracy activists, lawyers, trade unionists and journalists.
More than 30 people were convicted of national security violations.
However, Mr Lee assured that the new law would not allow the transfer of arrested people to mainland China, which is a key issue for Hong Kongers since this extradition issue, proposed in a bill, sparked the massive protest of 2019.
This law “will not contain any elements for the transfer of a person arrested in Hong Kong to the mainland. It’s very clear,” he said.
Talent drain
Opponents of the national security law say the far-reaching text has implications for Hong Kong's status as an international financial center and highlights the ongoing talent drain as foreign companies question Hong Kong's choice as an Asian hub.
In 2003, a local national security bill had to be abandoned under pressure from about 500,000 protesters who opposed the law.
For John Burns, a professor of political science at the University of Hong Kong, companies prefer stability to disruption like in 2019.
However, he fears that companies and NGOs “will be concerned” about the new law’s broad definition of state secrets and foreign interference.
The Article 23 proposals “seem to place the responsibility on NGOs to determine whether the funds they request or receive come from foreign governments or their representatives,” he points out.
In a recent report by the American Chamber of Commerce, some of its members said they believe reducing national security rhetoric could help improve relations between Hong Kong and the United States.