The government of Hong Kong has unveiled the preliminary version of a fresh national security law aimed at bolstering control over the city and aligning its legal framework more closely with that of mainland China.
This proposed legislation, which focuses on defining and punishing offenses related to national security, suggests severe penalties such as life imprisonment for crimes like insurrection and treason. Additionally, it extends the permissible duration of detention without formal charges from 48 hours to a span of two weeks.
Under the draft law, the possession of seditious publications could result in a maximum of three years of imprisonment. Furthermore, the police would be granted the authority to conduct searches on any premises to confiscate and eliminate such materials.
Notably, the legislation introduces the concept of “foreign interference” as a criminal offense, along with the act of colluding with external forces. The penalty for sedition, previously prohibited under colonial-era statutes, escalates from two years to seven, and potentially up to 10 years if committed in collaboration with foreign entities.
In an effort to address concerns regarding revealing state secrets, the bill includes limited provisions for public interest defenses while acknowledging Hong Kong’s traditional liberties. The proposal also outlines provisions for extending the detention period beyond 48 hours if necessary.
Debates surrounding the law commenced promptly following its release, with expectations of swift approval given the absence of significant opposition in the parliament. Security Secretary Chris Tang emphasized the necessity of the law to address deficiencies in Hong Kong’s national security infrastructure, while Chief Executive John Lee urged expedited processing of the legislation.
The development of this law was mandated in Hong Kong’s mini-constitution during the 1997 transition from British to Chinese governance. A previous attempt to introduce a similar law in 2003 faced resistance from the community. The subsequent delay was cited as justification for the imposition of the National Security Law (NSL) by the Chinese central government in 2021.
Despite concerns raised by legal groups regarding potential infringements on due process and fair trial rights, the government remains steadfast in its stance. Business leaders and journalists fear that the broad scope of the law could criminalize routine activities, particularly with regards to state secrets encompassing economic, social, and technological matters.
The government dismissed objections, citing overwhelming positive feedback during the brief public consultation period. Criticisms from foreign entities were labeled as attempts to undermine Hong Kong’s human rights and rule of law.