Hong Kong national security law: no reason to keep draft secret, say legal experts

Under mainland Chinese law, legislative drafts should be released for consultation for at least 30 days, unless senior leaders decide otherwise

But one reason Beijing is keeping bill under wraps is to avoid another wave of violence, says former security of justice

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The central government’s liaison office in Hong Kong. Photo: Dickson Lee

Published: 8:00am, 26 Jun 2020Updated: 8:22am, 26 Jun 2020

Top Chinese lawmakers have no reason to keep details of the national security legislation for Hong Kong secret, experts in mainland law say, while a Beijing-friendly heavyweight has suggested the drafting process is being kept under wraps to avoid stoking further violence in the city.

The Standing Committee of the National People’s Congress (NPC) is expected to approve the law early next week, and it will take effect immediately, according to Secretary for Security John Lee Ka-chiu. But key aspects, including the scope of offences, remain unknown. Even Chief Executive Carrie Lam Cheng Yuet-ngor admitted as recently as Tuesday she had not seen the preliminary version.

Professor Fu Hualing, law dean of the University of Hong Kong, said there was no justification for keeping the public in the dark.

“The central government should show its willingness to listen to different views in the legislative process for the national security law,” said Fu, who studies mainland criminal law and legal reforms. “There is no need to hold back anything from Hong Kong people before it is passed.”

Meaningful discussion of the draft is difficult without details, says legal expert Fu Hualing. Photo: May Tse

Under Article 37 of the Legislation Law of the People’s Republic of China, drafts should be revealed for consultation for at least 30 days, unless a decision is made otherwise at a meeting of the NPC chairmen. But state media have not reported on any such move.