Article 23: Local politicians hail new security law, as foreign gov’ts, NGOs slam ‘devastating’ effect on freedom
Hong Kong Free Press
Foreign governments, politicians and NGOs have condemned the fast-tracked passage of Hong Kong’s new, local security law, whilst local political parties and government departments hailed Tuesday’s unanimous vote in the opposition-free legislature.
Article 23 of the Basic Law stipulates that the government shall enact laws on its own to prohibit acts of treason, secession, sedition and subversion against Beijing. Its legislation failed in 2003 following mass protests and it remained taboo until after the onset of the separate, Beijing-imposed security law in 2020.
Pro-democracy advocates fear the Safeguarding National Security Ordinance – set to be enacted from Saturday – could have a negative effect on civil liberties, despite the authorities citing a constitutional duty. Treason, insurrection and sabotage will now be punishable by up to life in prison.
HKFP rounds-up reactions – refresh for updates:
- Local legal and political bodies, figures.
- Overseas political and diplomatic sector.
- Government departments & officials.
- Business sector.
- NGOs.
Local legal & political bodies, figures:
Hong Kong and Macao Affairs Office of the State Council:
“The process of implementing national security legislation in the Hong Kong Special Administrative Region once again proves that the wheels of history keep moving forward. The cause of justice is invincible, and no reactionary forces can hinder the progress of One Country, Two Systems. With the enactment and implementation of the Safeguarding National Security Ordinance, the security foundation for Hong Kong’s development will be further strengthened, and the pace of Hong Kong’s progress from stability to prosperity will be accelerated. Hong Kong will definitely achieve better development and create greater brilliance, playing a greater role in the construction of a strong nation and the rejuvenation of the Chinese nation. It will continue to write a new chapter of successful practice in One Country, Two Systems.”
Pro-Beijing DAB party:
“Today, Hong Kong has completed the legislation of Article 23 of the Basic Law, marking a new historical starting point. The DAB will actively promote the Safeguarding National Security Ordinance to various sectors of society, deepening the the general public’s understanding of the work of safeguarding national security. The DAB believes that with the strong backing of the country, Hong Kong will be able to unite and move forward, leveraging the advantages of One Country, Two Systems, continuously consolidating its status as an international metropolis, and creating new splendour.”
Pro-Beijing New People’s Party:
“The New People’s Party believes that today, under the overall national security framework, is not the end, but a brand new beginning for the HKSAR. After the passage of the Safeguarding National Security Ordinance, the SAR government must continue to explain [the legislation] to the outside world, especially western societies and foreign businesses, and the New People’s Party will fully cooperate [in this effort]. In the future, the Safeguarding National Security Ordinance will complement the Hong Kong National Security Law, highlighting the strategic significance of the HKSAR in the aspect of safeguarding national security. This seamless and interwoven national security safety net will make society safer, more stable, allowing foreign businesses to invest in a vibrant business environment and enabling Hongkongers to live, work and work towards economic success and Hong Kong’s brilliance together.”
The Law Society:
“The Law Society supports and welcomes the passing of Safeguarding National Security Bill today which received its third reading at the Legislative Council under the relevant procedures. This enables Hong Kong to fulfil its constitutional responsibility and obligation under Article 23 and improves the system for safeguarding national security and the implementation. The Law Society firmly believes that with Hong Kong’s robust rule of law and independent judicial system, an appropriate balance can be struck between safeguarding national security and upholding fundamental human rights in the implementation of the legislation.”
Int’l political & diplomatic sector:
Volker Turk, UN High Commissioner for Human Rights:
“It is alarming that such consequential legislation was rushed through the legislature through an accelerated process, in spite of serious concerns raised about the incompatibility of many of its provisions with international human rights law… This ambiguity [in the law] is deeply troubling, given its potential misuse and arbitrary application, including to target dissenting voices, journalists, researchers, civil society actors and human rights defenders. As we have already seen, such provisions readily lead to self-censorship and chilling of legitimate speech and conduct, in respect of matters of public interest on which open debate is vital.”
Vedant Patel, US State Dep’t spokesperson:
“We believe that these kinds of actions have the potential to accelerate the closing of Hong Kong’s once open society… We are alarmed by the sweeping and what we interpret as vaguely defined provisions.”
High Representative on behalf of the European Union:
“The ‘Safeguarding National Security Bill’ could exacerbate the erosion of fundamental freedoms and political pluralism in Hong Kong brought about, in particular, by the National Security Law adopted on 30 June 2020. Moreover, the bill has the potential to significantly affect the work of the European Union’s Office, the European Union Member States’ Consulates-General, and could impact European Union citizens, organisations and companies in Hong Kong. This also raises questions about Hong Kong’s long-term attractiveness as an international business hub… The European Union further calls on the Hong Kong and Chinese authorities to strengthen confidence in the Special Administrative Region’s high degree of autonomy under the ‘one country, two systems’ principle, in line with the Basic Law and with international commitments by which they are bound.”
UK Foreign Secretary David Cameron:
“The broad definitions of national security and external interference will make it harder for those who live, work and do business in Hong Kong. It fails to provide certainty for international organisations, including diplomatic missions, who are operating there. It will entrench the culture of self-censorship which now dominates Hong Kong’s social and political landscape, and enable the continuing erosion of freedoms of speech, of assembly, and of the media… The overall impact of Hong Kong’s new national security law is that it will further damage the rights and freedoms enjoyed in the city. It undermines Hong Kong’s implementation of binding international obligations including the Sino-British Joint Declaration and the International Covenant on Civil and Political Rights.”
UK Chinese embassy spokesperson:
“The remarks from the British side are a serious distortion of the facts and constitute grave interference in China’s internal affairs. We are firmly against this… The legislative process was rigorous and procedure-based. The content is sound and reasonable. The definition of criminal elements is clear. The severity of penalties is appropriate. It is in line with international law and international common practice… We urge the UK to cease its baseless accusations regarding the legislation of Article 23 of the Basic Law and refrain from interfering in China’s internal affairs under any pretext.”
UK’s All-Party Parliamentary Group on Hong Kong:
“Parliamentarians expressed their deep concerns over the provisions of the new legislation which will further erode the city’s once cherished civic liberties and autonomy… The new law marks an unprecedented hammer blow to Hong Kong’s embattled freedom and democracy, as the new legislation expands on the 2020 National Security Law, which already criminalises secession, subversion, terrorism and collusion with foreign forces. The NSL has already fundamentally damaged Hong Kong’s civil society.”
Ex-Hong Kong governor Chris Patten:
“Another large nail in the coffin of human rights and the rule of law in Hong Kong and a further disgraceful breach of the Joint Declaration. Why should anyone believe any promises from Xi Jinping’s totalitarian regime on anything? Governments and parliaments around the world will take note and so will international investors. Meanwhile the wonderful and talented Hong Kongers who have taken refuge to our benefit in Britain and elsewhere will be confirmed in their decision. They are witnesses to the way in which real Chinese patriots believe in freedom and a decent life for their children.”
Letter from 81 international parliamentarians, public figures:
“The legislation undermines due process and fair trial rights and violates Hong Kong’s obligations under international human rights law, jeopardising Hong Kong’s role as an open international city. Today we echo calls from the international community for the Hong Kong government to repeal the 2020 National Security Law and cease prosecution of individuals charged with offences under the National Security Law; ensure compliance with international legal obligations and ensure that any restrictions on the basic rights of the people of Hong Kong on national security grounds should be legal, legitimate, and proportional, and ensure that legislation is consistent with the protection of international human rights laws and standards.”
Government departments & officials:
Chief Executive John Lee:
“Today is a historical moment in Hong Kong, a historical moment we have waited 26 years, eight months and 19 days for… Today, Hong Kong finally completed its constitutional duty of legislating Article 23 of the Basic Law. We live up to the expectations of the central government and our country.”
Privacy Commissioner’s Office:
“In order to address the national security risks posed by the current information technology or electronic world and new technologies that may emerge in the future, the Safeguarding National Security Ordinance introduces offences to combat acts endangering national security that are done in relation to a computer or electronic system. The PCPD supports the combatting of serious acts of sabotage or weakening of public infrastructure, or acts done in relation to a computer or electronic system without lawful authority which endanger national security. The PCPD agrees that the relevant offences will not hinder the development of innovation and technology, but instead provide a safer environment for the development of related fields.”
Customs and Excise Department:
“Hong Kong has gone through the unbearable and painful experience of having its national security seriously threatened in 2019. As geopolitics have become increasingly complex and national security risks remain imminent, the passage of the Ordinance can more effectively safeguard national security. Hong Kong can now focus its efforts on developing the economy, improving people’s livelihood as well as maintaining the long-term prosperity and stability of Hong Kong.”
Hong Kong Police Force:
“As a pillar for safeguarding national security, the HKPF, after the enactment of the law, will render full support to its implementation, ensuring that laws are observed and strictly enforced, so as to bring offenders to account and that national security is free from threats. Under the premise of “security brings prosperity”, the society will be prosperous and stable, while focusing on developing the economy and improving livelihoods, enabling citizens to live well and thrive.”
Executive Council Non-official Members:
“The passed Bill achieves convergence, compatibility and complementarity with the Hong Kong National Security Law, improving the legal system and enforcement mechanisms of the HKSAR in safeguarding national security, forming a complete and effective legal regime for safeguarding national security, and plugging the national security loopholes. ExCo Non-official Members extended their gratitude to the HKSAR Government for its well-coordinated efforts in taking forward the legislative work, working at full steam in drafting the Bill and introducing it into the LegCo for scrutiny.”
Business sector:
British Chamber of Commerce:
“[W]e currently have no comments to provide on this topic.”
Hong Kong General Chamber of Commerce:
“HKGCC appreciates the Government’s efforts to proactively address concerns raised by various stakeholders and incorporate many comments from the consultation period into the gazetted bill…. The Chamber hopes the Government will continue to clarify any misinterpretation or misconceptions about the legislation. As stability and prosperity go hand in hand, it is vital that our city has robust laws to safeguard its security and development interests while protecting civil rights and freedoms. The Chamber strongly believes that the BL23 Legislation will make Hong Kong a safer destination for local and foreign businesses and professionals operating here.”
Johannes Hack, German Chamber of Commerce:
“With Article 23 legislation now in place, we hope that Hong Kong can now focus on those qualities that have traditionally contributed so much to its success: its openness, its straightforward legal regime and ease of doing business and its connector function between East and West… For the time being the Chamber itself will continue to conduct its business, including engaging with various stakeholders in Hong Kong and Germany, as before.”
NGOs
Maya Wang, Human Rights Watch:
“The new security law will usher Hong Kong into a new era of authoritarianism… Now even possessing a book critical of the Chinese government can violate national security and mean years in prison in Hong Kong… The Hong Kong government should immediately repeal the Article 23 ordinance and the National Security Law, halt its aggressive assault on basic rights, and release those arbitrarily detained… Foreign governments should hold Beijing accountable by imposing coordinated and targeted sanctions, including travel bans and asset freezes, on abusive Chinese and Hong Kong officials, and protect overseas Hong Kong activists from Beijing’s long arm of intimidation and harassment.”
Sarah Brooks, Amnesty International China:
“The passing of this law sends the clearest message yet that the Hong Kong authorities’ hunger to accommodate Beijing’s will outstrips any past commitments on human rights. The government has ignored ever-more urgent warnings from UN human rights experts that its approach to national security legislation is incompatible with Hong Kong’s international obligations. Above all, this is a devastating moment for the people of Hong Kong, hundreds of thousands of whom have previously marched through the streets to demonstrate against repressive laws, including an incarnation of this one in 2003. Today they lost another piece of their freedom – any act of peaceful protest is now more dangerous than ever.”
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