Hong Kong Chief Executive John Lee announced the commencement of a four-week consultation period for a new local security law under Article 23 of the Basic Law, Hong Kong’s mini-constitution, on Tuesday. This consultation period will allow Hong Kong citizens to voice their opinions on the new law and have them considered by lawmakers.

Article 23 mandates the Hong Kong Special Administrative Region (HKSAR) to pass its own laws to prohibit crimes such as treason, secession, sedition and subversion against China’s Central People’s Government.

During the announcement at the Central Government Offices, Lee emphasized that the proposed legislation seeks to safeguard national sovereignty, security and development interests while respecting and protecting human rights in accordance with the Basic Law and international covenants.

Secretary for Justice Paul Lam argued that national security and human rights are inherently linked, citing the 2019 protests as evidence that individuals cannot fully enjoy their rights and freedoms without national security.

Secretary for Security Chris Tang acknowledged public concerns about potential exemptions for significant public interest and assured that these views would be carefully examined.

The Security Bureau has released a consultation paper to gather public opinions on the matter. The paper outlines the risks to national security, the necessity of legislation and the legal principles underlying Article 23. The five main areas of focus in the consultation paper are treason, acts of insurrection and incitement, theft of state secrets and espionage, sabotage and external interference. These areas are deemed to pose significant threats to national security.

It is important to note that Article 23 is distinct from the national security law imposed by Beijing in June 2020, which criminalized secession, subversion, foreign collusion and terrorism.

Massive protests involving an estimated 500,000 participants halted the previous attempt to legislate Article 23 in 2003. The current consultation period highlights the Hong Kong government’s efforts to address “soft resistance” that may jeopardize national security in line with Article 23.