Explainer | Here’s how Hong Kong plans to amend existing laws, create new offences for Article 23 national security legislation

Article 23 of the Basic Law, Hong Kong’s mini-constitution, requires the city to enact legislation to ban acts of treason, secession, subversion and theft of state secrets.

The Post has summarised how authorities propose to amend existing laws and create new offences for five major activities that endanger national security.

1. Treason

The government has suggested improving “treason” and related offences which are “outdated” under the current Crimes Ordinance.

It said the offence of treason can target acts such as joining an external armed force that is at war with China, instigating a foreign country to invade China with force, and behaviour with intent to endanger the sovereignty, unity or territorial integrity of the country with force or by threatening to use force.

It has also recommended retaining treasonable offences under the Crimes Ordinance to target people who publicly reveal their intention to commit treason.

The common law offence of “misprision of treason” should be codified so that anyone who knows that another person has committed, is committing or about to commit treason, must disclose such matters to a police officer, unless it has been revealed publicly, the government has proposed.