The Hong Kong government announced Wednesday that it concluded the four-week public consultation period for a new local security law under Article 23 of the Basic Law, which is Hong Kong’s mini-constitution. Hong Kong Chief Executive John Lee previously stated on January 30 that the proposed legislation aims to safeguard national security while respecting human rights in accordance with the Basic Law and international covenants.
Article 23 of the Basic Law mandates Hong Kong to enact its own national security legislation to prohibit crimes such as treason, secession and subversion against China’s Central People’s Government. It is distinct from the Beijing-imposed National Security Law, which was passed in Hong Kong on June 30, 2022 after a controversial extradition bill fueled the 2019 Hong Kong protests.
The Hong Kong government stated that around 3,000 individuals attended almost 30 consultation sessions. Attendees of the sessions include representatives of political parties, national organizations and the legal sector. The government stated that most participants showed support for the proposed legislation.
The Hong Kong government also said that it will “work in full steam” to consolidate its findings from the public consultation and continue to proactively brief various sectors on Article 23. The government will then aid the Legislative Council in drafting the legislation to safeguard public safety and allow Hong Kong to focus on economic development.
Meanwhile, the Law Society of Hong Kong stated that Hong Kong should prioritize the enactment of its national security legislation under Article 23. The society also said that allowing a public interest defense to Article 23 requires policy considerations and legal analyses. It suggested the government reference Canada’s Security of Information Act, which allows defendants to rely on a public interest defense if they disclosed protected information to avoid liability.
Relatedly, on July 17, 2023, Hong Kong Secretary for Security Chris Tang said that the Hong Kong government was addressing “soft resistance” and online behavior that may jeopardize national security in line with Article 23. “Soft resistance” refers to subtle methods of sowing distrust in the government.
