In a decisive move to bolster the national security protection regime in Hong Kong, the Hong Kong Special Administrative Region has taken a significant step forward with the formal gazetting of the Safeguarding National Security Bill on Friday. This legislative proposal, mandated by Article 23 of the Basic Law, swiftly proceeded through its first and second readings in the Legislative Council after its introduction on Friday, signifying the commencement of this crucial legislative work.

The draft bill of this ordinance has taken into consideration the critical opinions of the public collected before and during the consultation period, aligning with the principles and objectives of the legislation. It is believed that this law will effectively prevent, stop and penalize activities that endanger national security while protecting the rights and freedoms of residents. To fulfill its constitutional responsibilities, Hong Kong needs to expedite this legislative process and plug the gaps in national security risks without delay.

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Article 23 of the Basic Law clearly states that the HKSAR shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People’s Government, or the theft of State secrets. This provision outlines the constitutional duty of Hong Kong to legislate on national security — a responsibility that cannot be shirked. Over the past 26 years, the full potential of this legislation has not been realized. The painful experiences of the 2019-20 unrest and the Hong Kong version of the “color revolution” have highlighted the horrific consequences of the absence of such legislation, which brought grave national security risks and posed significant challenges to the everyday lives of Hong Kong residents. The current HKSAR government’s orderly progress in legislative work, reaching a new milestone, is a development that the majority of Hong Kong residents fervently wish for.

After the legislation is completed, the Safeguarding National Security Ordinance is expected to complement the National Security Law for Hong Kong seamlessly, equipping the special administrative region with a full set of national security protection mechanisms

The enactment of national security laws is an international norm. Yet Western politicians like former Hong Kong governor Chris Patten and British Foreign Secretary David Cameron have continually vilified the Article 23 legislation, claiming that it lacks safeguards for human rights and freedoms. However, during the public consultation period, the HKSAR government clearly stated that one of the legislative principles of Article 23 was to respect and protect human rights, and to legally uphold the rights and freedoms of Hong Kong residents. The draft bill ultimately addresses significant societal concerns, offering defenses based on public interest, respecting individual rights and freedoms, and upholding international human rights covenants, while also possessing punitive, deterrent and preventive qualities to maintain national security, societal stability and a favorable business environment.

In fact, the proposed legislation in Hong Kong is relatively mild compared to foreign statutes. For instance, according to the draft legislation, the highest penalty for treason in Hong Kong is life imprisonment, while in the United States and Singapore, it is the death penalty. Openly declaring the intent to commit treason in Hong Kong carries a maximum sentence of 14 years’ imprisonment, whereas in the United Kingdom and Canada, the punishment is life imprisonment. For espionage, the highest penalty in Hong Kong is 20 years’ imprisonment, while in Australia and the UK, it is life imprisonment, and in the US, it can even attract the death penalty. 

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Western governments and media outlets have criticized the one-month consultation period for this legislation, calling it short and hasty. Yet, following the Sept 11, 2001, terrorist attacks, the US Congress passed the Patriot Act just 45 days after the attacks, with the whole legislative process taking only three days to finish — a law that granted unprecedented powers to law enforcement agencies to safeguard national security. Washington and its allies had no problem with the fact that the US Congress passed the Patriot Act with virtually no debate. Their attacks on the “short” consultation period of the Article 23 legislation reflect the West’s usual double standards.

After the legislation is completed, the Safeguarding National Security Ordinance is expected to complement the National Security Law for Hong Kong seamlessly, equipping the special administrative region with a full set of national security protection mechanisms. Moving forward, Hong Kong society can be fully committed to and focused on boosting socioeconomic development, and improving residents’ well-being in a politically stable environment.

The author is the convener at China Retold, a member of the Legislative Council, and a member of the Central Committee of the New People’s Party.

The views do not necessarily reflect those of China Daily.