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Edith Lin

Emily Hung

Ng Kang-chung

A discussion by Hong Kong lawmakers of a domestic national security bill on Monday focused on enforcement powers and procedures, including a proposed 14-day extension of the detention period for arrested people, their right to consult a lawyer and the addition of a movement restriction order for those given bail.
Lawmakers also asked for more flexible arrangements, but authorities said the proposed legislation was designed to take account of human rights.
At least 88 out of 181, or almost half, of the legislation’s clauses have been vetted since last Friday.
The Post is following the debate. Here is the coverage from last Saturday and Sunday.

March 11
Access to lawyers for those arrested:

Police would be able to, if approved by the courts, ban those detained from meeting a lawyer within 48 hours after arrest. They can also be stopped from seeking advice from specific lawyers.


Secretary for Justice Paul Lam Ting-kwok said the restrictions were intended to prevent those arrested from meeting their syndicate members, who could also be a lawyer.


He added that an absolute lawyer ban was severe and suspended people’s rights under the Basic Law, but the government had struck a balance with the time limit.


Those arrested would retain the right to remain silent.

Arrestees’ right to choose lawyers during detention:

Police, if court approval is granted, could ban anyone arrested from consulting certain lawyers.


The ban could apply to the whole law firm.


Lam said the ban would only apply to the detention period, not at any other stages of the legal process.


He said the move aimed to prevent certain lawyers from taking advantage of the chance to endanger national security by, for example, the destruction of evidence.


Hearings to decide if people could consult particular lawyers while detained would be held in private and the legal practitioners involved would remain anonymous.

All you need to know about Hong Kong’s domestic security law
Bail arrangements:

Police could apply for a restriction order from the courts for people who had been discharged.


Secretary for Security Chris Tang Ping-keung said authorities could see some of those discharged by police leaving Hong Kong and hoped to address the risk in the bill.


People suspected of endangering national security can have their travel documents seized under the Beijing-imposed 2020 national security law and the same provision would also apply in its domestic counterpart.


Tang said authorities had no plans to use electronic tagging for bail surveillance at present.


Each restriction order would remain in force for three months and could be extended a month at a time indefinitely – a frequency said to be suitable and which had taken human rights into account.


Breach of a restriction order could lead to a year in jail, the same as breaking bail conditions.



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Extension of detention period:

Police would be able to apply for an extension of a detention period for up to 14 days from the courts.


Tang said the length of time was sufficient, based on the experience of investigating cases under the 2020 national security legislation.


He maintained the time period also took into account the need to safeguard human rights.


Lam said the law would not be used to restrict suspects’ freedom of movement unless it was thought to be necessary.


Prejudicing investigation of alleged offences endangering national security:

Offenders would be liable to up to seven years in jail, the same sentence imposed for perverting the course of justice.


Lam said the section targeted falsification, concealment, destruction, disposal of and unreasonable or unauthorised disclosure of material relevant to the investigation, but that intent and actions would be needed to constitute a crime.


Apollonia Liu, the deputy security secretary, said legal professional privilege would not be overturned.

Handling absconders:

Authorities were urged to review the conditions under which an individual could be specified as an absconder.


Lawmakers urged the government to remove the condition which requires six months after the issue of the warrant to take action, highlighting that many declared themselves to have absconded right after they left the city.


Some voiced concerns over the potential delay in taking action against absconders, including cutting off their funds.


Tang said the six-month window was decided on to give absconders a chance to turn themselves in.


He pledged to review the conditions.

Hongkongers may need ‘reasonable excuse’ for having papers later deemed seditious
Prohibition against making funds, assets, and economic resources for absconders available:

Tang said the clause was drawn up to prevent fugitives from using their financial resources in Hong Kong.


Officials said economic resources meant assets of every kind, whether tangible or not, so cryptocurrency was also covered.


Offenders would be liable to up to seven years in jail unless they could prove that they did not know the individual whose funds they had helped to handle was an absconder.


Under special circumstances, the secretary for security can grant a licence to authorise an individual to deal with the funds.


Tommy Cheung Yu-yan asked the government to consider sanctioning city branches of overseas banks if they did business with absconders. Lam said the government’s stance was against long-arm jurisdiction and it was not in line with the principles of international law.

What is being discussed in marathon meetings on Hong Kong’s domestic security bill?
Prohibition of activities related to immovable property:

People would not be able to lease immovable property to or from an absconder.


Lam said the clause only covered immovable property in Hong Kong, with no international application.


Offenders would be liable to imprisonment for seven years.


It could be a defence if someone could show they did not know he was leasing to or from an absconder.


Under special circumstances, the security secretary could grant a licence to an individual to handle the property

Prohibition of business joint ventures with absconders:

People would not be able to establish a joint venture, partnership or similar relationship with an absconder or invest in such a joint venture or partnership unless a licence was granted by the authorities.


Offenders can face jail for up to seven years.


It would be a defence if someone did not know, or had no reason to believe, that the joint venture or partnership included an absconder.


Lam said that, as a company shareholder, he only owned the shares but not the company’s assets, so its operation should not be affected if one of its shareholders was to become a fugitive.


Even if an absconder was a director of the company, Lam said the board could still appoint more directors itself or apply to the courts to resolve the problem.


Tang said the clause was designed to impose restrictions on absconders and the government wanted to minimise the effect on innocent third parties.

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Hong Kong’s Article 23 national security law

Hong Kong’s domestic national security bill: day 4 of discussion focuses on extension of detention periods; ways of handling absconders

Police officers stand guard outside the Legislative Council as lawmakers debate the domestic national security bill. Photo: Jelly Tse

Secretary for Justice Paul Lam (centre) and Secretary for Security Chris Tang as the Legislative Council discusses the Safeguarding National Security Bill. Photo: Yik Yeung-man

Copies of the Basic Law and An Introduction to Hong Kong Bill of Rights Ordinance in the Legislative Council as lawmakers discuss the domestic national security bill. Photo: Yik Yeung-man

Hong Kong lawmakers’ plea for tougher restrictions on people arrested under planned domestic national security law rejected on human rights grounds

Police officers walk along a bridge decorated with flags in Wan Chai. Currently, the force can detain a suspect for 48 hours without charge, with the proposed law granting them an additional 14 days. Photo: Jelly Tse

Secretary for Security Chris Tang Ping-keung as seen attending a Legco meeting. Photo: Yik Yeung-man

A banner hangs outside the Ping Shan Rural Committee Office in Yuen Long, expressing 6 Rural Committees of Yuen Long’s support for the Article 23 legislation. Photo: May Tse

Chinese Vice-Premier Ding Xuexiang calls for swift Article 23 legislation, says it will safeguard ‘core national interests’ in Hong Kong

A Chinese top official urges speedy approval of Article 23 in Hong Kong. Photo: Jelly Tse

Chinese Vice-Premier Ding Xuexiang (left) and Hong Kong and Macau Affairs Office director Xia Baolong (right) met National People’s Congress Hong Kong deputies in Beijing on Thursday. Photo: Handout

The closed-door meeting lasted for two hours. Photo: Handout

Hong Kong authorities propose public interest defence, tougher penalties for collusion with external forces under Article 23 national security law

A banner hangs outside the Ping Shan Rural Committee Office in Yuen Long in support of Article 23 legislation. Authorities have proposed tougher penalties for certain security offences. Photo: May Tse

The government proposals were in response to feedback from a public consultation on the coming law. Photo: Jelly Tse

Secretary for Justice Paul Lam (front row, left) and Secretary for Security Chris Tang (from row, centre), attend the Legco panel meeting on the Article 23 legislation consultation exercise. Sun Yeung

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Police would be able to apply for an extension of a detention period for up to 14 days from the courts
Restriction orders could be granted on police application to the courts for people discharged by the force


Police would be able to apply for an extension of a detention period for up to 14 days from the courts.
