Asia-Pacific

Hong Kong passes national security law aimed at quashing dissent with severe penalties

Some offences carry a maximum sentence of life imprisonment, including colluding with external forces to damage public infrastructure

Members of Hong Kong's legislative council vote on Tuesday to pass the national security law. Photograph: Peter Parks/AFP via Getty Images

Denis Staunton in Beijing
Tue Mar 19 2024 - 22:08

Hong Kong’s legislature has passed unanimously a new national security law that includes penalties up to life imprisonment for a number of offences. The new law, which supplements sweeping national security legislation imposed by Beijing in 2020, was fast-tracked through the legislative council and will come into force on Saturday.

Hong Kong’s chief executive, John Lee, said the legislation was necessary to secure Hong Kong and to prevent a repetition of the unrest that accompanied pro-democracy demonstrations in 2019.

“We need to have such tools which are effective in guarding against black violence and colour revolution,” he told reporters after the vote, referring to the pro-democracy protests.

“We no longer need to worry about people destroying public infrastructure with the new law.”

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Article 23 of the Basic Law, a quasi-constitution that guaranteed some of Hong Kong’s freedoms after it was handed back to China in 1997, required the former British colony to introduce a national security law. But an attempt to do so led to street protests and it was not revived as a proposal until after the crackdown on political dissent in 2020.

[ Hong Kong security law was inevitable, but speed of its passing was a surprise ]

Members of Hong Kong’s legislature, all of whom are “Chinese patriots” loyal to Beijing, took turns to praise the legislation on Tuesday following more than a week of marathon sittings to move it through all its stages. Regina Ip, who was security secretary during the 2003 attempt to introduce a national security law, said that Tuesday’s vote demonstrated the “one country, two systems” principle.

“The central authorities gave us a chance to legislate our own security law, this is a very accommodating move and shows their understanding of Hong Kong’s unique circumstances,” she said.

“I am very happy that we finished this constitutional responsibility after around 26 years.”

The new law includes 39 offences of treason, sedition, insurrection, incitement to mutiny and disaffection, sabotage, external interference, theft of state secrets and espionage. The offences that will carry a maximum sentence of life imprisonment include colluding with external forces to damage public infrastructure.

[ New security Bill raises fears for freedom in Hong Kong ]

State secrets are defined as including “a secret concerning the economic and social development” and “the technological development or scientific technology” of China and Hong Kong. Acquiring such information will be an offence carrying up to five years in prison if there are reasonable grounds to believe it to be a state secret.

The law includes a public interest defence but the burden of proof will be on the defendant to show that the need to reveal the information manifestly outweighs the interest of not disclosing it. Journalists fear that reporting information disclosed confidentially by people working in government could expose them to prosecution under the legislation.

The Central Government Liaison Office, Beijing’s formal presence in Hong Kong, described Tuesday’s vote as a milestone since the former colony’s return to China in 1997. The city had fulfilled its constitutional duty and could now focus on economic development.

“Reality will prove that after plugging all shortcomings on national security, a safe, stable and prosperous Hong Kong will definitely flourish in capital and talent, radiating charisma,” a spokesman said.

Denis Staunton

Denis Staunton

Denis Staunton is China Correspondent of The Irish Times

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