Chief Executive John Lee has announced the start of the government’s second attempt to introduce local legislation on national security as required by the Basic Law’s Article 23. The first attempt in 2003 ended in failure amid widespread public protest. This time Hong Kong’s patriots-only political elite cheered.
Legislators and business leaders immediately and unanimously endorsed the proposals, which are more comprehensive and draconian than those offered in 2003. The external environment is also different. Mainland Chinese leaders are now laser-like focused on security and geopolitics is more contentious.
The government’s Article 23 national security proposals are embedded in mainland China’s expansive concept of security, that identifies at least 20 different types. The proposals expand the scope of existing law; clarify offences; introduce new offences (insurrection, external interference, etc.) and substantially strengthen the power of the police to regulate civil society via an amended Societies Ordinance.
Authorities identify five types of national security crime that are sometimes overly broad and err on the side of security in a trade-off with human rights. Because the proposals are embedded in the central authorities’ all-encompassing notion of national security, we should take note of mainland China’s national security policy and practice as we consider the government’s proposals. One proposed offence, the theft of state secrets, brings the issues into sharp...
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