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Hong Kong’s mini-constitution requires city to implement its own legislation to protect national security. Photo: EPA-EFE

Hong Kong leader John Lee doubles down on passing Article 23 national security law this year or next

  • Veteran political observers say Beijing’s priorities for city have shifted, urging Lee to wait until after Taiwan’s election early next year and focus on local economy
  • But leader says his ‘position remained unchanged’ in response to article penned by pro-Beijing heavyweight Lo Man-tuen, which suggested this year was not ideal timing for controversial bill

Hong Kong authorities will pass a constitutionally required national security law this year or next at the latest, the city’s leader has vowed, although several political veterans have questioned whether it is the best time to implement the bill.

Chief Executive John Lee Ka-chiu on Tuesday reiterated that his “position remained unchanged”, a day after pro-Beijing heavyweight Lo Man-tuen said in an op-ed piece that this year was not the right time to pass the bill given the need for Hong Kong to rebuild its economy. Lo also pointed to next year’s presidential election on the self-ruled island of Taiwan.

When asked about Lo’s views, Lee said: “Not everyone may fully grasp the seriousness of the problems that Article 23 is supposed to target, because the risks of national security keep changing.

“What is more, under the present complex international relations, there is still the possibility that national security risks are lurking in Hong Kong.”

Hong Kong’s Article 23 security law to be passed ‘hopefully by this year’: John Lee

Lee said the government’s goal was to complete the legislation “as soon as this year, and if not, next year”. He added the bill would be enacted “according to actual circumstances” and “when the time is right”.

Beijing implemented the national security law in Hong Kong in June 2020 to ban acts of secession, subversion, terrorism and collusion with foreign forces.

But Article 23 of the Basic Law, the city’s mini-constitution, requires Hong Kong to enact its own laws prohibiting any act of treason, secession, sedition, subversion against the central government. It must also outlaw theft of state secrets, as well as ban foreign political organisations or bodies from conducting political activities in the city and local political organisations or bodies from establishing ties with foreign political organisations or bodies.
Chief Executive John Lee has said the Article 23 bill will be enacted “according to actual circumstances” and “when the time is right”. Photo: May Tse

Hong Kong first attempted to pass the Article 23 bill in 2003 but the move was shelved after half a million people took to the streets in protest over fears of possible abridgment of civil liberties and rights.

Lee said that the Security Bureau would “continue to actively press ahead the legislative exercise to implement Article 23 of the Basic Law, with a view to drawing up effective and pragmatic proposals, and conducting public consultation at a suitable juncture”.

In an interview with local press last month, Lee revealed the bureau was working on a new draft of the bill and that the coming text would incorporate sufficient safeguards against risks posed by agencies involved in espionage, ensuring there would be no loopholes left behind despite the evolving use of media and emergence of new tactics by detractors.

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What is the Basic Law of Hong Kong?

What is the Basic Law of Hong Kong?

He also noted the new law would establish a way to “manage” organisations deemed a threat to the nation to deter foreign agencies from disguising themselves as institutions or holding “so-called seminars”.

Lo, vice-chairman of All-China Federation of Returned Overseas Chinese, in an opinion piece in Monday’s Ming Pao newspaper, wrote that “controversial matters should be set aside” when it was more urgent for Hong Kong to “win back lost opportunities”.

He also warned that Taiwan’s pro-independence Democratic Progressive Party might make use of the ensuing controversy to win votes in next year’s presidential elections and block peaceful unification with mainland China.

Veteran political observer James Sung Lap-kung, director of the Hong Kong Progress and Perfection Research Institute, told the Post that Lee should wait until after Taiwan’s elections early next year before deciding on a timetable for the legislation.

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

“It will inevitably cause controversies in the society and will also lend ammunition to the Democratic Progressive Party to help it win votes in the 2024 elections. That is to build hurdles to block the country’s unification,” he said. “The West will also make use of it as an excuse to further suppress China and Hong Kong.”

Meanwhile, lawmaker Tik Chi-yuen, the sole non-establishment member in the Legislative Council, said he believed Lo’s views reflected Beijing’s position to not to press ahead as previously planned.

“We already have the national security law and the society has become largely more peaceful now. I think Beijing wants Hong Kong to focus more on developing the economy,” he said.

2 in pro-independence group jailed for 5 years under Hong Kong national security law

Professor Lau Siu-kai, a consultant at Beijing’s semi-official think tank, the Chinese Association of Hong Kong and Macau Studies, also said there was no urgency for the Article 23 work and the government needed to set policy priorities based on the needs of society.

“But that is not to say we can postpone it indefinitely. It is still acceptable if the work can start in the next year,” he said.

Lawmaker Gary Chan Hak-kan, also chairman of the Legco security panel, said he believed residents had a clearer understanding of national security risks after the 2019 social unrest and Article 23 should not be as controversial as it was when put forward in 2003.

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