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Hong Kong localism, independence
Hong KongPolitics

Peacefully advocating Hong Kong independence does not pose threat to national security, law expert says

Law professor at University of Hawaii said government would have to demonstrate action was intended to incite imminent violence

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Professor Carole Petersen asked whether a student who posted a banner endorsing peaceful negotiation for Hong Kong independence was really a genuine threat to China’s national security. Photo: Dickson Lee
Jeffie Lam

Peaceful advocacy of Hong Kong independence should not be prohibited under a future national security law as it does not pose any threat to the country’s national security, according to an international law expert.

Professor Carole Petersen, a law professor at the University of Hawaii, was among 20 local and international scholars who spoke at a conference on national security held at the University of Hong Kong on Monday.

The city is under renewed pressure to enact its own legislation to prohibit treason, secession, sedition and subversion against the country amid the rise of separatist sentiment.

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Given the latest developments, a number of panellists thought the new law would be much harsher than the 2003 version, which was shelved by the administration after half a million Hongkongers took to the streets to condemn the bill which they believed would curb residents’ freedoms.

University of Hong Kong law professor Albert Chen ponders the controversy over Article 23 legislation. Photo: Nora Tam
University of Hong Kong law professor Albert Chen ponders the controversy over Article 23 legislation. Photo: Nora Tam
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“If a student posts a banner endorsing peaceful negotiation for Hong Kong independence, does that really pose a genuine threat to the [People’s Republic of China’s] national security? How would it actually interfere with the PRC’s existence as a nation or its capacity to protect its territorial integrity? It simply wouldn’t,” said Petersen, who taught law in Hong Kong from 1989 to 2006.

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