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Trams sit stranded as thousands of people block the streets during a protest against Article 23 legislation in Hong Kong on July 1, 2003. Photo: AFP
Opinion
Editorial
by SCMP Editorial
Editorial
by SCMP Editorial

Article 23 moves have to ensure protection of legitimate rights

  • Communication is also of the essence now that Hong Kong has been told to take further measures just one year after the Beijing-imposed national security law
SCMP Editorial
SCMP Editorial
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A year after the imposition of the controversial national security law, Hong Kong has been told to go further. This includes legislating against other offences under Article 23 of the Basic Law and strengthening safeguards in a more holistic approach to defending city and state. To those who find the security law sweeping and unclear, the latest order has inevitably fuelled further concern. While the pressure for the city to clean up its act even more is likely to prevail, this is an evolving process that requires more time and full public engagement, taking into account the actual needs and the city’s way of life and protection enshrined in the mini-constitution.

The recent tough remarks by Zheng Yanxiong, director of the central government’s Office for Safeguarding National Security in Hong Kong, underline Beijing’s determination to get the job done fully. This was echoed by Zhang Yong, deputy head of the Legislative Affairs Commission of the National People’s Congress (NPC) Standing Committee in a symposium marking the anniversary of the implementation of the law. Urging the local authorities to speed up the Article 23 legislation, Zhang noted it would still fail to cover 11 categories of national security crime on the mainland, such as the organisation of armed rebellion or riots.

National security: what is Article 23 and why is it back in the spotlight?

The comparison does not necessarily mean Hong Kong must copy the mainland regime. Article 23 stipulates that the city shall enact laws in seven areas, including treason, secession, sedition, subversion, theft of state secrets, foreign political organisations conducting political activities in the city as well as local groups establishing ties with foreign political bodies. Similarly, the national security law only targets subversion, secession, terrorism and collusion with external forces. But the law also states that the government shall take necessary measures to strengthen public communication, guidance, supervision and regulation over matters concerning national security, including those relating to schools, universities, social organisations, the media, and the internet. Chief Executive Carrie Lam Cheng Yuet-ngor has also vowed to implement new laws and spur government departments to do more to combat what she characterised as lingering risks.

Extremism is no way forward and must not be condoned. Recent arrests arising from what police described as bomb threats by a pro-independence group has heightened tensions following the stabbing and wounding of a police officer by a man who then killed himself. The authorities believe such cases are evidence that threats are far from over. As the government moves on Article 23 legislation and makes other changes, there needs to be full consultation and due regard for legitimate rights and their protection under the Basic Law.
This article appeared in the South China Morning Post print edition as: Article 23 moves have to ensure protection of legitimate rights
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