Security law for HK to 'boost Article 23 legislation'

The move by the National People's Congress (NPC) to enact a national security law for Hong Kong will facilitate the city's local legislation under Article 23 of the Basic Law, Hong Kong Secretary for Security John Lee Ka-chiu said on Wednesday.

During an interview with China Daily, Lee said that because the proposed law covers parts of Article 23, implementing it will offer practical experience for legislating under Article 23.

Article 23 of Hong Kong's Basic Law requires the Hong Kong Special Administrative Region enact laws that prohibit treason, secession, sedition, and subversion against the Central People's Government, or the theft of State secrets. The laws should also prohibit foreign political forces from conducting political activities in the city, and prohibit local political organizations from establishing ties with foreign counterparts. However, the city has failed to enact such laws since returning to the motherland in 1997.

On May 28, the NPC, the country's top legislature, approved the decision to enact a national security law for Hong Kong. The proposed law proscribes secession, subversion, terrorism and external interference in the affairs of the Hong Kong SAR.

After enacting the national security law, the SAR government will accumulate relevant experience in identifying and penalizing crimes related to terrorism, secession and subversion, thus contributing valuable hands-on experience in legislating Article 23, Lee said.

A designated investigation team will be formed to carry out duties listed in the proposed national security law for Hong Kong, Lee said. The team, which operates under the Hong Kong Police Force, is now being prepared, but he declined to give the size of the team or to say whether mainland law enforcers will be on it.

The security chief also mentioned that the designated team will "definitely" cooperate with its mainland counterparts in areas of training personnel, collecting intelligence and case analysis.

"To Hong Kong police, this (national security) is a relatively new area. … There has to be cooperation because it is national security. So obviously, the enforcement agencies in our country, which know a lot more from the national angle, will of course be working together with our team," he said.

Besides, the city's security chief said, a favorable atmosphere will be built for legislation under Article 23. Hong Kong people will see their lives remain the same after this proposed new law is promulgated and enforced in Hong Kong, giving them more protection.

He cited the development of the Chinese mainland after the National Security Law came into force in 2015. The number of US companies on the mainland jumped 41 percent from 2015 to 2018, while an increase of 33 percent was seen in the number of companies from the European Union during the same period.

He also cited as an example the Macao SAR, whose National Security Law came into effect on 2009 and whose GDP has grown two and a half times its pre-enactment size.

"People will know that the demonizing misinformation about Article 23 is actually a tactic for some to make political gain. There will be more support locally because people will find that everything is normal, business is as usual, and we are safer than before after we have the national security law. Therefore, why don't we enact laws under Article 23?" Lee said.

While acknowledging that there is still no timetable for Article 23 legislation, Lee said he thinks Article 23 will be more rationally and sensibly debated, discussed in Hong Kong, and then the legislation process will be much smoother and sensible.