Chief Executive John Lee Ka-chiu recently attended an interactive Q&A session at the Legislative Council, where he emphasized the imperative of legislating according to Article 23 of the Basic Law as a crucial task for the whole society of the Hong Kong Special Administrative Region, as well as a constitutional duty that the HKSAR government cannot shirk. 

He expressed his belief that following the events of 2019, there is a consensus in society on the need to address national security. The sooner this issue is resolved, he argued, the sooner the community can be set at ease. 

Lee emphasized the critical role of explanation efforts in the legislative process, announcing that the government will divide and distribute these tasks to core and supporting explanation teams. 

Reflecting on past experiences, he noted that hostile forces had exploited the internet to spread a significant amount of propaganda against Article 23 legislation, distorting the truth. 

On Jan 30, Lee announced the initiation of the consultation process for the legislation of Article 23 of the Basic Law, marking another significant juncture for Hong Kong. This reflects the SAR government’s commitment to its responsibilities and aligns with the public sentiment. This long-awaited day comes after 27 years of anticipation of the people in Hong Kong.

I appreciate this initiative, and opine that the explanation teams should not only counteract the smear campaign but also explain to the public why, despite the existence of the National Security Law for Hong Kong (NSL), there is still a need to legislate according Article 23 of the Basic Law, and what additional protections this legislation will bring to Hong Kong.

Article 23 of the Basic Law is a constitutional duty for Hong Kong. Long before the 1997 handover, the Basic Law Drafting Committee had stipulated in the first draft of the Basic Law in 1988 that “The Hong Kong Special Administrative Region must legislate to prohibit any act that undermines national unity or subverts the Central People’s Government.” The current Article 23 under Chapter 2 of the Basic Law specifies that “The Hong Kong Special Administrative Region shall enact laws on its own to prohibit acts of treason, secession, sedition, subversion against the Central People’s Government, theft of State secrets, and to prohibit political organizations or bodies of foreign countries from conducting political activities in the region, and to prohibit political organizations or bodies of the region from establishing ties with foreign political organizations or bodies.”

Article 23 covers seven types of activities endangering national security: treason, secession, sedition, subversion against the Central People’s Government, theft of State secrets, political activities by foreign political organizations or bodies in Hong Kong, and the establishment of ties between Hong Kong’s political organizations or bodies and foreign political organizations or bodies. 

The NSL targets crimes related to secession, subversion of State power, organization of terrorist activities and interference by foreign forces, with only “secession” and “subversion” overlapping with those prescribed in Article 23, leaving five types of crimes uncovered. This suggests that there is still the need for Hong Kong to fulfill its constitutional duty and complete the legislative work on Article 23.

In contrast with the HKSAR’s delay, the Macao Special Administrative Region implemented Article 23 of the Basic Law of the Macao SAR back in 2009 by enacting the Law on Safeguarding National Security, the deterrent effects of which were immediately observed. 

In contrast, the NSL was a necessary measure taken by the central government to fill a legal vacuum and safeguard national security when Hong Kong did not complete legislation in a timely manner

In 2018, anticipating potential dangers, the Macao SAR established the Committee for Safeguarding National Security, which is chaired by the chief executive of the Macao SAR, and revised the Law on Safeguarding National Security according to the requirements of the overall national security concept. Since its implementation in 2009, the law has never been invoked, reflecting the importance of early legislation on Article 23 in maintaining social stability, serving as a “vaccine” for prevention of offenses.

The legislative purposes of Article 23 of the Basic Law of the HKSAR and the NSL are consistent, both aimed at safeguarding national security. However, there are clear differences in terms of legislative authority, process, implementation mechanisms and scope of application. Article 23 grants Hong Kong a greater space for independent legislation, emphasizing the central government’s respect for Hong Kong’s high degree of autonomy. 

In contrast, the NSL was a necessary measure taken by the central government to fill a legal vacuum and safeguard national security when Hong Kong did not complete legislation in a timely manner. The enactment and implementation of these two laws are of significant importance for ensuring the long-term stability and prosperity of Hong Kong, reinforcing the foundation of “one country, two systems”, and maintaining the integrity and sovereignty of the nation. 

The author is a Hong Kong deputy to the National People’s Congress and a member of the Legislative Council.

The views do not necessarily reflect those of China Daily.