Hong Kong must enact Article 23 national security law on its own – or risk China imposing one on it

Mike Rowse says the group of lawyers, academics and politicians that monitored the government’s botched attempt to introduce it in 2003 – which included current Exco member Ronny Tong – should be the ones drafting it

Reading Time:3 minutes

The Article 23 Concern Group at a meeting in April 2003. Its members, which included Audrey Eu (third from left), Ronny Tong (fourth from left) and Alan Leong (fourth from right), should reconvene to draft the law now. Photo: David Wong

Published: 12:47pm, 17 Dec 2017Updated: 4:08pm, 17 Dec 2017

It is time to cut the Gordian knot and work out a way forward on Hong Kong’s national security legislation. I have in mind a group of people unusually qualified for the job.

Hong Kong has a clear constitutional duty as set out in its Basic Law. Article 23 says that the city “shall enact laws on its own” to prohibit any act of treason, secession, sedition, subversion against the central government, or theft of state secrets. Further, it must prohibit foreign political organisations from conducting political activities in the region, and political organisations from establishing ties with foreign political organisations.

Beijing must feel exasperated that 20 years after the Basic Law came into effect, nothing has been done.

What is the Basic Law of Hong Kong?

Judging by recent remarks from senior officials such as Li Fei, patience is wearing thin up north and there must be a temptation for them to say “enough is enough – if you don’t want to do the job, we’ll do it for you. The mainland law on these matters now applies to you”.

It would be hard to blame the central authorities: in their eyes, the phrase “on its own” was a huge concession to the special administrative region and we’ve done nothing with it.

Li Fei, head of the Hong Kong Basic Law Committee of the National People’s Congress Standing Committee, has indicated Beijing’s growing impatience with the absence of Article 23 legislation. Photo: Sam Tsang

The best way to describe the local administration is that it is still suffering post-traumatic stress disorder from the events of 2003. The administration at the time prepared a pretty draconian draft law.

Some lawyers, politicians and academics formed an ad hoc Article 23 Concern Group, which studied international practice in these areas and suggested considerable changes. The government accepted some suggestions, but doubters wanted a full public consultation on the legislation, which the administration was not willing to concede.

Select Voice

Choose your listening speed

Get through articles 2x faster

1.25x

250 WPM

Slow

Average

Fast

00:0000:00

1.25x