Exclusive | Foreign meddling, spying can be in many guises, like human rights, arts causes, says Hong Kong’s security minister on need for Article 23 law

Soft resistance in many forms can also be linked to foreign agents, Secretary for Security Chris Tang says, ahead of new law to be drafted and completed by 2024
Remit of law yet to be decided, but foreign interference, spying, theft of state secrets among areas to be covered

Hong Kong politics

Lilian Cheng

Published: 10:30am, 9 Nov 2023

Why you can trust SCMP

Hong Kong’s impending local version of a security law due will target foreign interference and espionage, which can appear in many guises such as through alleged human rights and arts causes to divide society and incite hatred against the government, the city’s security minister has said.

In an exclusive interview with the Post, Secretary for Security Chris Tang Ping-keung also expected there to be another round of “smear campaigns” by the United States and its Western allies during the legislative process of Article 23 of the Basic Law, a long-shelved bill required under the city’s mini-constitution, in the coming year.

With a separate security law already imposed by Beijing and now into its third year, Tang said the local version would cover the theft of state secrets and also “plug the loopholes on espionage and foreign interference”, among other yet-to-be identified crimes.

Hong Kong to define state secrets according to city’s needs, minister says

Such a law was needed to also tackle elements of “soft resistance” inside and outside Hong Kong, he said, that were still active and widespread, even though the city had returned to stability after the 2019 protests. Such actions continued to make the city vulnerable to foreign meddling and spying, and they were “interrelated”, he said.

“What do I mean by ‘soft resistance?’ They are trying to resist the overall sovereignty of our country towards Hong Kong,” he said.

“There are people trying to use different means under this guise of human rights, the arts. They are trying to use these to cover their attempt to divide the society and to incite hatred against our central government and our government.”

Jimmy Lai trial will show how ‘bad’ his actions were: Hong Kong security chief

The minister pointed to the “organ donation saga” as an example, during which authorities earlier recorded an unusual wave of withdrawals from the city’s organ donation register from those who never joined to rattle the system.

He said such acts happened “all the time”, citing the existence of “yellow” pro-protester shops that were still displaying posters as another example, along with the actions of fugitives wanted by national security police who had left the country, who were lobbying for sanctions and action by local Hong Kong people.

“If you cross the red line and we have evidence, of course, we will prosecute you. But you know, the people, they’re trying to use soft resistance, they are stepping forward and backward and trying not to cross the red line, or try to ask other people to cross the red line, and then stay beyond. And this is how bad they are,” he said.

Tang is the official tasked with crafting the legislation and carrying out the consultation process of the Article 23 bill.

While the Beijing-imposed national security law bans acts of secession, subversion, terrorism and collusion with foreign forces, Article 23 will cover the additional offences of treason, theft of state secrets and foreign political bodies engaging in political activities in Hong Kong.

Tang remained tight-lipped on the law’s actual remit, only revealing that his bureau was currently at the stage of researching and comparing similar laws of countries including Singapore, Canada, Australia and Britain, as well as mainland China, before coming up with a legal framework for public consultation.

“Our aim is very clear: we [will] have everything done within 2024,” he said, reaffirming Chief Executive John Lee Ka-chiu’s pledge in his policy address last month.

Hong Kong’s own national security law ‘essential’ to keep Beijing’s trust in city

The Article 23 legislation has been a hot potato for Hong Kong’s leaders from the outset, after an attempt in 2003 prompted half a million people to take to the streets in protest.

But Tang said the 2019 social unrest could have been prevented if the city had introduced the law earlier. “There is a big lesson learnt and we are learning too late, or else, that saga that happened in 2019 would not have happened,” he said.

“I think before 2019, if I tell the people of Hong Kong there will be petrol bombs [thrown] around … it would be unbelievable. It is because there is an attempt of a Hong Kong version of a colour revolution. So, with that blood lesson, I think there is no way for us to keep complacent.”

The security minister also expressed confidence that the proposed legislation would not have a chilling effect on foreign business and investors. Rather, it would help protect the city as a “safe place” for more opportunities, he argued.

The minister’s in-tray next year will also include drafting new legislation to uphold cybersecurity of the city’s critical infrastructure. While he said a review of outdated computer crimes could be one of his priorities, the progress of this law would be subject to the Law Reform Commission’s final report based on its earlier consultation.

Rise in flights behind illegal immigrant wave into Hong Kong: security chief

Describing himself a “a soldier at heart” who believed strongly in defending the country’s interests, Tang during the interview also hit out at the United States, which he accused of trying to cling onto its position as a status quo power by attempting to endanger China’s and the city’s national security.

“In the United States, they advocate the zero-sum principle. They talk about when China develops, their influence will be diminished. You can see some foreign forces or foreign elements, they will try to maintain their state of power by endangering our national security,” he said.

Tang was among the 11 officials sanctioned by the US for their role in the imposition of the national security law in June 2020.

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

On the impact of the US move, he said there were minor “inconveniences” in the initial stage, as he had to adapt to using cash for all his daily transactions.

“Because I have no bank account, right? So all my auto-pay had been paralysed,” Tang said.

“But I would say, compared with the national interest, this small inconvenience is nothing. Actually, I feel proud to have a chance to serve my country and serve my Hong Kong.”

The security chief called it an “injustice” that some US lawmakers recently called for further sanctions on 49 city officials, judges and prosecutors.

“The United States is the biggest mafia in the international arena,” he said. “They’re going to intimidate you. If you do something against my sidekick, you have to bear consequences. This is the mafia. This is a triad.”

Tang also disagreed that his comments could possibly risk inflaming sentiments ahead of a planned meeting between Chinese President Xi Jinping and US President Joe Biden next week at the Apec summit in San Francisco, suggesting a broader pattern of tensions.

“When you look at the long term, probably before some individual incidents, there may be something that looks a little bit better. But the next day, there’s another round of sanctions,” he said.

“This is politics, unfortunately. I’m not a politician. I’m a soldier at heart.”

Additional reporting by Kahon Chan

101