About Hong Kong’s Article 23 Legislation, What Do You Need to Know?

On March 19, the Legislative Council (LegCo) of the Hong Kong Special Administrative Region (HKSAR) passed the safeguarding national security bill, a milestone by the HKSAR in fulfilling its constitutional duty as stipulated under Article 23 of the HKSAR Basic Law.

The bill was passed in a unanimous vote during the third reading at the LegCo. According to the HKSAR’s law-making process, when a bill has been given three readings, it becomes an ordinance enacted by the LegCo.

What is this Ordinance about?
The ordinance contains nine parts, including clauses on treason, insurrection, offenses in connection with state secrets and espionage as well as sabotage endangering national security. It enables Hong Kong to effectively prevent, suppress and punish espionage activities, conspiracies and traps from foreign intelligence agencies, and infiltration and sabotage by hostile forces.

Why this Ordinance?
Security is the prerequisite for development. Rule of law is the cornerstone of prosperity. It has been a common practice in many parts of the world to uphold security via legislation. The Ordinance draws on the constitutional responsibilities stipulated under Article 23 of the HKSAR Basic Law, and is considered crucial for fixing loopholes and weak links in the SAR’s legal system on safeguarding national security. The Ordinance strikes a balance between safeguarding national security and upholding rights, freedom and economic development, and fully draws on other countries’ legislation experience in the same field. It helps the SAR to further coordinate between development and security, better harness Hong Kong’s unique status and advantage, and deepen closer and more open exchanges and cooperation between Hong Kong and countries and regions in the world. By extension, it will contribute to Hong Kong’s high-quality development and high-standard opening-up, as well as the implementation of One Country, Two Systems in the long run.

Does it undercut legal rights and interests of ordinary people and business environment in Hong Kong?

No. The Ordinance pays respect to human rights, as manifested in several areas as below:

the legal provisions including definitions, criminal elements, applicable persons and scopes are clear, targeting acts and activities endangering national security with clarity so that members of the public will not unwittingly violate the law;
appropriate exemptions and defenses are provided; penalty and criminal liability are proportional; offenses do not have retrospective effect; independent exercise of judicial power by the courts, free from any interference, is guaranteed.

In addition, the Ordinance gives due consideration to protecting the normal commercial activities and the need to engage in international exchanges of the financial, media and various types of organizations in Hong Kong.