This Wednesday a public consultation period ends in Hong Kong for a new national security law, which the authorities want to implement soon, which could further erode the civil liberties situation in the semi-autonomous city.
The law, known as Article 23, aims to address what authorities call deficiencies or loopholes in the national security regime, which was bolstered just four years ago by another national security law imposed directly by China.
The regulations will focus on crimes such as treason, theft of state secrets, espionage, sabotage, sedition and “external interference”, including from foreign governments. Hong Kong’s legislature, dominated by pro-Beijing lawmakers, is expected to approve it.
The law comes as the former British colony is trying to improve its image and economy, amid international criticism of a China-led crackdown on freedoms and dissent that has sent many pro-democracy politicians and activists to the brink. prison or exile.
Several lawyers and activists say the law criminalizes basic human rights such as freedom of expression. “Many of these proposed provisions are vague and criminalize the peaceful exercise of human rights by individuals, including the rights to freedom of association, assembly, expression and the press,” wrote a group of 80 civil society groups, including UK-based Hong Kong Watch in a joint letter.
Hong Kong authorities, however, say the new law is necessary because “threats posed by external forces and local terrorism persist,” adding that national security is the “fundamental prerequisite for the survival and development of a state.” “.
The government also said Article 23 would give “full and prudent consideration” to the United Nations’ International Covenant on Civil and Political Rights (ICCPR).
A previous attempt to enact Article 23 in 2003 was shelved after some 500,000 people protested against it, but this time, there have been no large-scale protests.
Authorities have proposed tougher penalties for “seditious intent” and “possession of seditious publication,” an addition that some lawyers find troubling, as many journalists, activists and media outlets in recent years have been charged with sedition before being charged. imprisoned or closed.
“The United Nations Committee of Human Rights Experts already concluded in 2022 that the sedition provisions should be repealed and that Hong Kong should refrain from using them to suppress the expression of critical and dissenting opinions,” said Mark Daly, a lawyer for human rights based in Hong Kong.
So far, 174 people and five companies have been charged under the 2020 national security law. The Asian Law Center at Georgetown University in the United States says the new legislation could worsen what it calls a “crisis of confidence.” ” in Hong Kong’s legal and political institutions.
The Hong Kong Journalists Association (HKJA) said in its submission that “sedition should be abolished”, adding that the scope and definition of what constitutes “state secrets” was very broad and vague, especially in relation to Newly added categories including economic and social development secrets.
The Hong Kong Law Society, in another submission, supported the need for new laws, but also suggested that the government consider adding the “public interest” defense to the offense of leaking state secrets, and called for clarification of what could constitute secrets. of state, including trade secrets.
