Published: 21:02, March 8, 2024 | Updated: 13:15, March 9, 2024
HK legislature deliberates new national security bill
By Wu Kunling and Shadow Li in Hong Kong

Hong Kong lawmakers take part in reading the draft of the Safeguarding National Security Ordinance at the Legislative Council in Hong Kong on March 8, 2024. (CALVIN NG / CHINA DAILY)

Hong Kong’s legislature officially started deliberating the draft of the city’s national security ordinance on Friday, after it was gazetted and submitted by the government that morning.

The action moves the city closer to fulfilling its long-overdue constitutional duty to enact such legislation as required under Article 23 of the Basic Law.

READ MORE: HKSAR govt gazettes draft national security ordinance

The bill had the first reading at the Legislative Council, and debate of the second reading was adjourned on Friday morning.

On Friday afternoon, the Bills Committee on Safeguarding National Security Bill held two special meetings to scrutinize the 212-page bill clause by clause.

The committee’s deliberation is set to continue over the weekend, with four sessions scheduled each day to expedite the legislative procedure

The committee’s deliberation is set to continue over the weekend, with four sessions scheduled each day to expedite the legislative procedure.

The city’s lawmakers will work thoroughly and quickly to push for the early completion of the legislation, said Martin Liao Cheung-kong, a lawmaker and bills committee chairman. Liao said he hopes that the city can focus on economic development after fulfilling this urgent and necessary responsibility.

Secretary for Justice Paul Lam Ting-kwok, who was among the government officials answering questions from lawmakers during the deliberation, said that the law needs to keep pace with the times to fully safeguard national security. 

Lam said that continuous review and improvement are necessary in the future, describing the legislation as a “constant and eternal task”.

During the meeting, Secretary for Security Chris Tang Ping-keung reiterated that the measures introduced in the bill will fully protect human rights as guaranteed by the Basic Law of Hong Kong. The Security Bureau has prepared a document outlining the relationship between safeguarding national security and protecting human rights in the draft for lawmaker’s reference, Tang added.

Calling the legislation a historic mission and an honor to participate in, LegCo President Andrew Leung Kwan-yuen vowed to work in solidarity and quickly to scrutinize the bill so that LegCo can do its part to maintain the stability and development of the city and the country.

The start of deliberations was deemed “a historic moment” by lawmaker Regina Ip Lau Suk-yee, who said she has been waiting for this moment for more than two decades.

The 73-year-old lawmaker — who was the city’s security chief in 2003 when the government failed in its first attempt to enact legislation under Article 23 — said she is excited to see the new progress, and she expressed hopes for its speedy passage to ensure the city’s security.

The bill has many provisions to protect human rights and freedoms, Ip said.

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The draft of the new legislation, titled the Safeguarding National Security Ordinance, locally known as the legislation of Article 23 of the Basic Law, comprises nine chapters, including those on treason; insurrection, incitement to mutiny and disaffection, and acts with seditious intention; enforcement powers and procedure in legal actions in connection with safeguarding national security; and mechanisms for safeguarding national security and relevant protections.

It proposes a maximum sentence of life imprisonment for treason, while insurrection and some other offenses will incur a penalty of 10 years’ imprisonment if foreign collusion is proved.

LegCo President  Andrew Leung Kwan-yuen (center, on the dais) speaks to the media after a LegCo meeting to scrutinize the bill on Basic Law Article 23 legislation, on March 8, 2024, in Hong Kong. (CALVIN NG / CHINA DAILY)

The bill suggests the conditions of specified disclosure of State secrets, when the purpose of making the disclosure is to reveal circumstances in which government performance of its functions in accordance with the law is seriously affected, or there is a serious threat to public order, public safety or public health; and if the disclosure of such information “manifestly outweighs” the public interest served by not making the disclosure.

However, the law will also consider whether the person has taken any other step in place of the disclosure before disclosing such information.

READ MORE: Article 23 legislation FAQs: Separating fact from fiction

The draft bill also proposes that a magistrate may issue a warrant to extend the detention of suspects beyond the usual 48 hours to 14 days, and authorizes police to restrict the person from consulting a lawyer within 48 hours of police custody.

The government conducted a public consultation from Jan 30 to Feb 28. Over 13,000 responses on the legislation were received during the monthlong consultation, with 98.6 percent of the participant expressed their support of the legislation.

Fang Xue contributed to the story.

Contact the writers at amberwu@chinadailyhk.com