Hong Kong’s Article 23 national security law likely to state maximum penalties for offences, justice minister says

Domestic national security legislation is likely to follow common law practice of stating maximum penalties for offences rather than minimum ones as Beijing law does, Secretary for Justice Paul Lam says

But Lam adds that it is too early to discuss penalties under Article 23 as society should first settle on offences

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(From left) Secretary for Justice Paul Lam, Chief Executive John Lee Ka-chiu and Secretary for Security Chris Tang attend a press conference on the public consultation of the Article 23. Photo: Sam Tsang

Published: 7:08pm, 4 Feb 2024Updated: 10:51pm, 19 Feb 2024

Hong Kong’s domestic national security legislation is likely to follow the common law practice of stating the maximum penalties for offences rather than the minimum sentences as the Beijing-imposed law does, according to the justice minister.

Secretary for Justice Paul Lam Ting-kwok on Sunday said Hong Kong normally adopted the common law practice when drafting local legislation but the national security law imposed by Beijing authorities took a different approach.

“It is a national law,” Lam told a TV programme, referring to the legislation Beijing imposed in 2020 in the wake of anti-government protests. “It is drafted according to mainland practice, which sets the minimum penalty and different ranges for the penalty.

“We normally state the maximum penalty in statutory law. I believe the new law is very likely to use the traditional way to handle local national security legislation.”

(From left) Secretary for Justice Paul Lam and Secretary for Security Chris Tang. Photo: Sam Tsang

The government on Tuesday released details of the home-grown national security law mandated by Article 23 of the Basic Law, the city’s mini-constitution. It will sit alongside the Beijing law, which outlaws secession, subversion, terrorist activities and collusion with a foreign country.