How Hong Kong national security law compares to legislation in other countries

The new legislation is meant to address the security requirements of one country while straddling two very different political and legal systems

Some controversial features are common to codes elsewhere but other provisions are in sharp contrast to modern international practice, analysts say

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Some controversial features are common to codes elsewhere but other provisions are in sharp contrast to modern international practice, analysts say. Illustration: Lau Ka-kuen

Published: 7:00am, 7 Jul 2020Updated: 7:55pm, 7 Jul 2020

China’s decision to write up and enact a national security law for Hong Kong was welcomed by city leaders, rejected by protesters, and met with incredulity by some legal authorities, with one remarking that it seemed to apply to “everyone on the planet”. But how does it compare to similar laws elsewhere?

National security laws seek to strike a balance between public freedoms and protecting a country, while also shifting in focus as perceived threats change, legal scholars say.

Such a shift was seen after reports by US intelligence agencies that Russia used social media to try to sway the outcome of the US 2016 presidential election, including hacking the campaign of Democratic candidate Hillary Clinton. The explosive growth in social media and its potential use in disinformation campaigns and propaganda led to several countries writing up legislation to combat it, which in turn generated controversy around government encroachment on free speech.

“Countries around the world have strong laws to deal with national security issues. Indeed, one of the primary duties of the state is precisely to safeguard its population,” said Simon Chesterman, dean of the law faculty at the National University of Singapore.

Commenting on Beijing’s new law for Hong Kong, which came into force on June 30, he said: “What is unusual here is the manner in which it was passed and the plasticity of its terms. The key question, of course, is how it will be implemented.

“The fact that this legislation appears to have been adopted with minimal consent even of Legislative Council representatives in Hong Kong is a departure from past practice. It’s reminiscent of colonial laws adopted to maintain order in unruly territories.”

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How Hong Kong national security law compares to legislation in other countries

The new legislation is meant to address the security requirements of one country while straddling two very different political and legal systems Some controversial features are common to codes elsewhere but other provisions are in sharp contrast to modern international practice, analysts say

The new legislation is meant to address the security requirements of one country while straddling two very different political and legal systems

Some controversial features are common to codes elsewhere but other provisions are in sharp contrast to modern international practice, analysts say