BREAKING: Hong Kong begins public consultation for new, homegrown security law Article 23

Hong Kong Free Press

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A consultation period for Hong Kong’s homegrown security law, known locally as Article 23, begun on Tuesday, Chief Executive John Lee has announced.

Chief Executive John Lee meets the press after announcing 2023 Policy Address on October 25, 2023. Photo: Kyle Lam/HKFP.

Lee was joined by Secretary for Justice Paul Lam and Secretary for Security Chris Tang to announce details of the new security law’s consultation period at the Central Government Offices on Tuesday morning.

What is Article 23?

Article 23 of the city’s mini-constitution, the Basic Law, stipulates that Hong Kong shall enact its own laws to prohibit seven types of offences, including treason, espionage, and theft of state secrets.

It stands alone from the Beijing-imposed national security law, which was passed in June 2020 following months-long pro-democracy protests and unrest, and criminalised secession, subversion, foreign collusion and terrorism.

A previous attempt to legislate Article 23 in 2003 was shelved following a protest attended by an estimated 500,000.

Article 23 national security — The July 1, 2003 protest.

But Article 23 resurfaced on authorities’ agenda after the enactment of the national security law, with officials saying the homegrown security law would plug gaps in the Beijing-imposed legislation when it came to safeguarding national security.

A public consultation period was meant to begin in 2021 but officials said it was stalled by the Covid-19 pandemic.

During his Policy Address last October, Lee vowed to complete the legislation for Article 23 this year, describing it as a “constitutional responsibility.”

See more: What is Article 23? Hong Kong’s homegrown security law finds itself back in the spotlight

Special teams will be established during the legislative process – one to promote Article 23 to the business sector and the international community and another to rebut criticism of the legislation by “hostile forces” – Lee told lawmakers last week.

Unlike in 2003 when the city’s legal professionals voiced opposition, Victor Dawes, the chairperson of the Hong Kong Bar Association, said last week during the opening of the legal year that the legislation of Article 23 must be “transparent and thorough” to refute claims that the government does not listen to the public.