New security law would not impact confidentiality of confession, Hong Kong Catholic Diocese says

Hong Kong Free Press

Hong Kong Catholic Diocese Article 23 confession

The enactment of Hong Kong’s homegrown security law would not change the confidential nature of confession, the city’s Catholic Diocese has said.

A priest in a confession booth. File photo: Emilio Labrador, via Flickr.

In a statement published after concerns were raised that the confidentially of spiritual counsel may be compromised under the proposed enactment of legislation under Article 23 of the Basic Law, the Catholic Diocese of Hong Kong said people had an obligation to ensure national security.

“The legislation of Article 23 will not alter the confidential nature of Confession (Sacrament of Reconciliation) of the Church,” the statement issued on Friday read.

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 it could have a negative effect on civil liberties but the authorities say there is a constitutional duty to ratify it.

Religious freedom

The statement came a day after the Hong Kong government slammed “anti-China organisation” Hong Kong Watch for accusing the proposed security law of posing a “looming threat to religious freedom” in the city.

A Catholic church in Hong Kong. File photo: GovHK.

Concerns over the impact of the legislation on religious practice were raised during the four-week consultation period for the controversial legislation. According to a summary of public views compiled by the government, an unnamed person from the religious sector said many believers would seek spiritual counsel from clergy in private, during which they may express discontent towards the authorities.

The disclosure requirement under the proposed law would contradict the tradition and rules of religious secrecy, they said.

“The clergy may not have enough legal knowledge to judge whether what the believers express commits treason,” the government summary read.

The clergy should receive the same protection of “professional confidentiality” as lawyers, the individual suggested. The authorities should also make clear which religious behaviours could be protected from committing treason, the person said.

Last Thursday, reverend and lawmaker Peter Koon asked in a Legislative Council meeting whether any exemptions would be offered to the clergy during confession.

Secretary for Justice Paul Lam responded by saying the scope of the treason offence was “clear and targeted.” The chances of encountering an “extreme circumstance,” such as when someone learned about a plan to initiate war, was rather low, the minister said.

“Whether it is religious workers or social workers, they would have some discussion. It is very hard for us to offer exemptions,” Lam said in Cantonese.

He added: “Treason is a very serious matter. I think if national security is at stake, I think a balance should be struck to fulfil the duties of allegiance.”