Hong Kong’s Article 23 national security law needs public interest defence for state secrets offence, says city’s biggest lawyer group

Hong Kong’s biggest lawyer group has called on authorities to introduce a public interest defence for those arrested for state secret offences under the city’s proposed domestic national security legislation.

The Law Society of Hong Kong, which represents the city’s solicitors, was joined by a body representing senior media executives on Tuesday in tabling their views on the Article 23 legislation, before a 30-day consultation ends on Wednesday.

“[The defence] merits a thorough policy consideration, and in-depth legal analysis, including the legal burden and/or the evidential burden to be discharged,” society president Chan Chak-ming said in unveiling the group’s 14-page submission, adding that discussions were “very appropriate”.

The Hong Kong News Executives’ Association made a similar suggestion in a statement, while underscoring that a balance should be struck between safeguarding national security and protecting residents’ lawful rights and freedoms, including the freedom of speech and the press, which are protected by the Basic Law, the city’s mini-constitution.

It also called on the government to offer clear provisions, such as the definition of state secrets, when formulating the legislation.