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Explainers
Hong KongPolitics

Fear and loathing: which way forward for Article 23 national security law in face of stiff opposition in Hong Kong?

The government says it will not shirk its responsibility to legislate against secession and subversion, but doing so will be fraught with difficulty

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Civil liberties campaigners fear the law would curtail protest movements. Photo: Martin Chan
Ng Kang-chung

Twenty years after Hong Kong’s return to Chinese sovereignty, the city has still not enacted a national security law to prohibit treason, secession, sedition and subversion, as required by the mini-constitution, the Basic Law.

Continued impatience from the central government was highlighted once again last week in comments by Basic Law Committee chairman Li Fei, who said the absence of Article 23 legislation had given rise to “adverse effects” and had been exploited by forces calling for Hong Kong independence.

The topic remains a touchy one in Hong Kong after an attempt in 2003 to pass the law by Hong Kong’s first post-handover leader, Tung Chee-hwa, ended in spectacular failure. Half a million residents took to the streets in protest, and officials were forced to shelve it. The debacle turned the issue into a poisoned chalice for subsequent chief executives.

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Basic Law Committee chairman Li Fei said the absence of Article 23 legislation had given rise to ‘adverse effects’ and had been exploited by forces calling for Hong Kong independence. Photo: Sam Tsang
Basic Law Committee chairman Li Fei said the absence of Article 23 legislation had given rise to ‘adverse effects’ and had been exploited by forces calling for Hong Kong independence. Photo: Sam Tsang
Tung’s two successors, Donald Tsang Yam-kuen and Leung Chun-ying, showed reluctance to press ahead with any new plans to legislate, and current Chief Executive Carrie Lam Cheng Yuet-ngor has said she wants to wait for a “suitable social climate”.
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But pro-Beijing politicians have warned that the central government could step in should Hong Kong continue to drag its feet.

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