Article 23 legislation gives Hong Kong a clearer direction
- Beijing expects the local government, legislature and judiciary to implement the new domestic security law in a way that ensures the city remains an attractive place for all
Hong Kong’s historic passing of new domestic national security laws yesterday brings a long and difficult chapter in the city’s recent history to a conclusion. The enactment of this comprehensive law fulfils a constitutional duty. The legislation has been required by Article 23 of the Basic Law since Hong Kong’s return to Chinese rule in 1997. It is long overdue.
Lawmakers, who voted unanimously in favour of the bill, conducted the legislative process at high speed. It was passed 50 days after the launch of a month-long public consultation.
There was a determination to get the job done quickly so Hong Kong could move on to other pressing challenges. The fast-track strategy allowed less time than expected for debate. But the process has been transparent, with opportunities for discussion, review and revision.
Feedback received during the consultation, comprising more than 13,000 responses, was made public. The government adopted some of the suggestions received, notably a public interest defence for state secrets offences.
‘Totally different’ Hong Kong political climate aided passing of Article 23 bill
Ninety-one amendments were made during the legislative process. These included changing the name of the “external interference” crime to better distinguish it from normal exchanges.
Other amendments shored up the bill. Officials made efforts to explain that the changes will only target specific crimes. The amendments include giving the chief executive the power to make subsidiary legislation. This, they point out, will be subject to negative vetting by lawmakers, the city’s human rights protections and judicial scrutiny.
Hong Kong needed to update its national security laws, as other parts of the world have done. The focus has been on the substance of the law. Now that it has been passed, attention will turn to the manner in which it is implemented. The law enforcement authorities and Hong Kong’s independent courts will need to ensure the right balance is struck between safeguarding national security and protecting rights. After all, the two concepts are not mutually exclusive and the legislation includes provisions intended to ensure rights protected by the Basic Law will be upheld.
As it happened: Hong Kong legislators make history, pass Article 23 security bill
Beijing said the law would not target normal commercial exchanges or transactions, and would create a more stable and predictable business environment. It expects the government, legislature and judiciary to implement it in a way which ensures the city remains an attractive place for all. Chief Executive John Lee Ka-chiu said stability and plugging national security loopholes to ensure safety were the cornerstone of prosperity.
The legislation has, for almost 27 years, been the subject of much soul-searching, wrangling and debate. It needed to be passed. Now that has been done, Hong Kong can exert its energy on other policy priorities, including boosting the economy for a better tomorrow.
