Hong Kong executive pushes new security law

Jurist
Hong Kong

Hong Kong Chief Executive John Lee on Jan. 30 announced the commencement of a four-week consultation period for a new local security law under Article 23 of the Basic Law, the city’s mini-constitution. Article 23 mandates that the Hong Kong Special Administrative Region (HKSAR) pass its own laws to prohibit crimes such as treason, secession, sedition and subversion against China’s Central People’s Government.

During the announcement at the Central Government Offices, Lee said that the proposed legislation seeks to safeguard national sovereignty, security and development interests, while respecting and protecting human rights. Secretary for Justice Paul Lam argued that national security and human rights are inherently linked, citing the 2019 protests as having violated the rights of citizens.

The Security Bureau has released a consultation paper to gather public opinions on the matter. The paper outlines supposed risks to national security, the necessity of legislation to protect it, and the legal principles enshrined in Article 23.

This legislation would build on the National Security Law imposed by Beijing in June 2020, which criminalizes secession, subversion, foreign collusion, and terrorism.

Massive protests involving an estimated 500,000 participants halted the previous attempt to legislate Article 23 in 2003. The current push highlights the Hong Kong government’s efforts to address “soft resistance,” such as online activity that may jeopardize national security.

From Jurist, Jan. 30. Used with permission.

See our last report on the National Security Law.

Photo: HKFP

  1. Hong Kong court convicts four in ‘riots’ on handover anniversary

    The District Court of Hong Kong convicted activists Gregory Wong, Ng Chi-yung, Ho Chun-yin and Lam Kan-kwan on Feb. 2 over “rioting” at the Legislative Council Complex on July 1, 2019. The “riot” occurred on the anniversary of Hong Kong’s handover to China, and took place in the broader context of the 2019 Hong Kong protests. The four activists pleaded not guilty and were remanded in custody. They will be sentenced on March 16. (Jurist)

  3. Hong Kong government sends security bill to Legislative Council

    The Hong Kong government released the new national security bill on March 8 and sent it to the Legislative Council (LegCo) for deliberation. The bill criminalizes new offenses, including treason, insurrection and incitement of Chinese armed force members to mutiny, that could result in life imprisonment upon conviction. (Jurist)

  4. Hong Kong appeals court upholds activist’s 40-month sentence

    Hong Kong’s Court of Appeal upheld activist Tam Tak-chi’s sedition convictions on March 7, and refused to grant him leave to appeal his convictions. The District Court of Hong Kong sentenced Tam in April 2022 to 40 months in prison. (Jurist)

     

  6. Hong Kong court sentences activists for ‘rioting’

    The Hong Kong District Court on March 16 sentenced 12 activists for “rioting,” with terms ranging from 54 months to 82 months. Prominent actor  Gregory Wong received 74 months. (Jurist, BBC News)

     

  7. Hong Kong LegCo unanimously passes new security bill

    The Hong Kong Legislative Council unanimously approved the new Safeguarding National Security Bill on March 19. The bill will be gazetted and take effect March 23. Both Chief Executive John Lee and the LegCo president Andrew Leung similarly called passage of the bill an “historical moment” for Hong Kong. (Jurist)

  8. New HK security law blocks first prisoner’s early release

    Hong Kong’s recently enacted Safeguarding National Security Ordinance on March 26 blocked the first inmate’s sentence remission under the Prison Rules. Ma Chun-man was about to finish serving his sentence that day, after receiving a remission of sentence on the grounds of good conduct pursuant to Rule 69 of the Prison Rules. However, the ordinance provides that prisoners must not be granted remission unless the Commissioner of Correctional Services is satisfied that the prisoner  being granted remission will not be contrary to national security interests.

    Ma was convicted of incitement to secession under the 2020 National Security Law. In November 2021, Judge Stanley Chan held that the case was of a serious nature because the defendant was not remorseful for his repetitive act of incitement to secession. Chan further contended that the defendant demonstrated pride in his actions by naming himself “Captain America 2.0.” (Jurist)

     

  9. Radio Free Asia to close Hong Kong bureau

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    Fang cited recent statements by Hong Kong autorities. During the consultation period for te ordinance, HK Secretary for Security Chris Tang stated that RFA is financially supported by the US Congress and is terefore a “foreign force.” RFA clarified that it is a private non-profit news outlet that receives a grant from the US Agency for Global Media. Fang ended her statement: “For our audiences in Hong Kong and mainland China, who rely on RFA’s timely, uncensored journalism: rest assured, our programming and content will continue without disruption.” (Jurist)

  10. HK court sentences Portuguese national for inciting secession

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  11. Hong Kong court convicts 14 activists of ‘subversion’

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  12. HK arrests ‘sedition’ suspects ahead of Tiananmen anniversary

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    Local media outlet Witness HK reported that one of the suspects is Chow Hang Tung and the person who was arrested June 3 is Chow’s uncle. Chow continues to be remanded in custody, while the other suspects have been released on bail. Previously, Chow was convicted of inciting others to participate in an unauthorized assembly and sentenced to 15 months imprisonment. (Jurist)

  13. More arrested in Hong Kong on Tiananmen anniversary

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  14. Former UK judges step down from Hong Kong courts

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    In March 2022, the UK government announced that two of its Supreme Court judges will no longer sit on Hong Kong’s top court. UK Supreme Court President Lord Robert Reed and Lord Patrick Hodge resigned from their positions as non-permanent judges of the Hong Kong Court of Final Appeal (HKCFA) over the threat to civil freedoms following passage if the National Security Law.

  15. Hong Kong orders convicted protesters to pay over HK$1.7M

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  16. Canada ex-chief justice to step down from Hong Kong top court

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  17. Hong Kong: first activist sentenced under new security ordinance

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    Chu wore a shirt with the slogan “Liberate Hong Kong, revolution of our times” and a yellow mask with the letters “FDNOL,” which stands for “Five Demands Not One Less,” a slogan of the 2019 protest movement, when he was arrested on June 12. Hong Kong’s High Court found in July 2021 that the phrase “Liberate Hong Kong” could incite secession.(Jurist)