Hong Kong is expediting the introduction of novel security legislation that could result in life sentences for offenses such as treason, while granting police augmented powers amid heightened pressure from Chinese leaders to conclude the process promptly. The 212-page bill, published by the government, was hastily debated in impromptu sessions in the city’s legislature on Friday. The government accelerated the process after senior Chinese officials attending the National People’s Congress advocated for the swift passage of the law, with leader John Lee returning early from Beijing to Hong Kong.
This marks the first instance since the former British colony returned to Chinese rule in 1997 that a draft law was gazetted and debated in the Legislative Council on the same day, as per a review of law-making records. Approval of the legislation is virtually certain after authorities took previous measures to ensure that only “patriots” could stand for elections. The new law aims to provide authorities with comprehensive tools to minimize dissent in the city, following Beijing’s imposition of a national security law in 2020 following pro-democracy protests.
The expeditious movement towards enacting the law is to demonstrate to President Xi Jinping that the city is “compliant” with his emphasis on national security during the NPC, according to Chong Ja Ian, associate professor of political science at the National University of Singapore. The proposed definition of state secrets would align the city more closely with mainland China’s ambiguous laws surrounding such information and espionage, causing unease among investors over the past year. Disclosure of state secrets carries a potential 10-year jail sentence, with a clause allowing disclosure in limited circumstances if it’s in the public interest.
However, several pro-government politicians have raised concerns about the ambiguous wording of the hastily introduced bill, according to a US political risk consultancy group. Lawmakers such as Lai Tung-Kwok, Chan Siu-hung, and Regina Ip have expressed apprehension about overly broad concepts in the bill, as noted by New York-based Eurasia Group, citing local reports.
Critiques may lead to amendments in the bill to add clarity to broad concepts like “external forces,” categorizing a company as such if its directors are “accustomed to acting in accordance with the directions or wishes of a foreign government authority.” Without further clarity, this definition could potentially extend to any multinational organization with at least one foreigner in its leadership, according to the note.
Officials acknowledged public concern during the consultation period and pledged to clearly define offenses to precisely target acts endangering national security. The new law raises concerns about determining the red line, warns Patrick Poon, a visiting researcher at the University of Tokyo, who monitors human rights in Hong Kong.
“The vague definitions will have a chilling effect and lead to even more self-censorship in the media and civil society,” Poon said. A spokesperson for the European Union expressed concern that the legislation “risks exacerbating the erosion of fundamental freedoms in Hong Kong brought about” by the 2020 national security law.
Since the 1997 handover, Hong Kong has been mandated to enact its security legislation under Article 23 of its mini-constitution. Previous administrations failed to do so in the face of public opposition, which has diminished since the crackdown on dissent.
China’s Vice-Premier Ding Xuexiang urged Hong Kong delegates visiting Beijing on Wednesday to prioritize legislation of the security law, calling it an urgent and necessary responsibility, as reported by China Daily on Thursday. The bill reading followed a month-long public consultation, with the planned law receiving overwhelming support, according to the government.
Under the new legislation, penalties for sedition have been elevated, with the maximum sentence increased to seven years in jail from the existing two years. Possession of seditious materials will result in a jail term of up to three years. The proposal also grants expanded powers to the police, allowing for longer detention periods without charge for national security crimes.
Hong Kong’s decision to pass its own security law risks escalating geopolitical tensions with other major economies. The implementation of the China-drafted national security law sparked a harsh backlash from Western leaders, with the US imposing sanctions on several Hong Kong officials, including the city’s leader Lee, who was then the security chief.
The British consulate in Hong Kong is closely monitoring the bill and urged the city’s authorities to allow time for “proper legislative scrutiny.” A spokesperson for the US consulate stated that the country will examine the final law to “understand implications for US citizens, investments, and companies operating in Hong Kong.”
Hong Kong officials argue that the law is essential to ensure stability and bolster the economic outlook. Speaking on Thursday, Lee emphasized the need to pass the law “as soon as possible” to guard against risks from increasingly complex geopolitics and national security threats. Hong Kong’s security chief, Chris Tang, asserted on Friday that the proposal will protect human rights.
In a positive indicator for officials, the local stock market rose on Friday, with the Hang Seng Index gaining 0.8%, aligning with regional peers and mitigating a year-to-date loss. After 26 years without a domestic national security law, the sudden urgency is evident among legislators.
“All we want is for this bill to be passed as soon as possible,” said lawmaker Jeffrey Lam. “We can work seven days a week and even work at nights.”