“[Critics] caused a lot of badmouthing about the national security law. But they don’t realise that … you cannot, in any way unwittingly, be contrary to those offences,” he said.

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One year with Hong Kong leader John Lee: Is he on the right track? | Talking Post with Yonden Lhatoo

One year with Hong Kong leader John Lee: Is he on the right track? | Talking Post with Yonden Lhatoo

Lee embarked on a rare explanation of the law’s scope and threshold when answering a question on how critics were not convinced that the city had not changed in the past few years and whether it was still abiding by the governing principle of “one country, two systems” with rights and freedoms protected.

Rejecting the suggestion, Lee pointed to Hong Kong’s Basic Law as affording those protections and then delved into the national security law – the source of international criticism led mostly by Western powers – while steering clear of identifying specific critics.

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Citing the first three types of crimes under the law and the Latin phrase for criminal intent or “guilty mind”, he said: “When you don’t have the intention, the court will, of course, not convict you. And we won’t prosecute where there’s no mens rea.”

On the fourth crime of collusion with foreign organisations, Lee said it was not “just talking to people, or having some joint commitment”, but confined to the five types of acts set out in Article 29 of the law.

They included waging a war against China, imposing sanctions, rigging an election, provoking hatred by unlawful means, and seriously disrupting the implementation of laws which is likely to cause serious consequences.

“‘Double serious’. So you won’t be able to do it unwittingly … Unlawful measures means they must result in serious consequences,” he said.

The city leader maintained that criticisms of the government with the intention of “making corrections” were more than welcomed.

“[But] if they’re made for the purpose of deliberately creating dissent, hatred, that’s very different,” he said.

“The nature of the criticism is important, rather than the criticism itself.”

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As of June 23, 259 people have been arrested for acts endangering national security, with about two-thirds of the individuals and five companies charged so far, according to the Security Bureau.

Among the total, 80 had been convicted or were awaiting sentencing, with only 30 of those cases involving the national security law. The remainder were facing other offences.

Colonial-era sedition legislation has been one of the commonly used laws to prosecute individuals. In a recent case, a 63-year-old man was recently arrested by national security police over allegedly posting “seditious messages” on social media.

Last year, the security law prompted the British government to withdraw two serving judges sitting on Hong Kong’s top court, with the country’s then foreign secretary Liz Truss saying the situation had reached “a tipping point” where the judges risked legitimising oppression.

“I have heard stories that they were under political pressures,” Lee said in the interview as he expressed regret at the resignations of Lord Robert Reed of Allermuir and Lord Patrick Hodge as non-permanent judges.

He regarded the remaining 10 “reputable, respectable” foreign judges who are still on a bench as evidence of the city’s judicial independence.

“Hong Kong is the only city that allows overseas judges to sit on the Court of Final Appeal … Because we’re confident, we’re transparent,” he said.

“People say, as a result of the national security law, they do not believe that their rights and freedoms are respected. The overseas judges will ensure that they are respected.”

He assured that any application of the law conformed with the human rights enshrined in international covenants, referring to the International Covenant on Civil and Political Rights and the Bill of Rights Ordinance.

In the interview, Lee reiterated his previous warnings against national security threats lurking in the city, saying that China had been facing “attacks” for political reasons, and there had been “soft resistance” at home in a bid to “cause destructions”.

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He described attempts to disrupt the city’s organ donor register as a form of sabotage, by “going beyond what is right” and “creating a false image”.

“This reminds me of the tactics and practices they made use of during the 2019 violence. I need to be alert to those counter forces that are working beneath the surface,” he said.

“We can forgive, but cannot forget the risks. It is important for the government to always bear history in mind. Because I think risk can come all of a sudden, you need to be prepared.”

Over the past year, the opposition camp has been largely muted, numerous civil groups have disbanded, and street protests are now rare. Laws have also been passed more speedily at the Legislative Council.

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Asked if it was a healthy development for Hong Kong with a danger of groupthink settling into policymaking, Lee said some political parties, without naming any, picked a wrong path by “sabotaging the government”, and efforts were needed to correct that stance.

He noted the importance of making the city inclusive and for his administration, in the second year, the only marker to “differentiate” people was between those who had broken the law and those who did not.

“How they think of the government, and how they have their ideologies, is something that I think they have their own choice to make,” he said.

“Anybody who doesn’t break the law, who loves Hong Kong … can be a contributing factor to the overall good of Hong Kong.”