Hong Kong has launched a public consultation on a proposed National Security Law, following Beijing's imposition of a similar law in 2018 that effectively silenced dissent in the semi-autonomous city. The new legislation aims to expand the government's authority to prosecute residents for offenses such as collaborating with foreign forces to influence legislation or spreading misleading statements. It also grants power to shut down civil society organizations, while some of its provisions even enable criminal prosecutions for acts committed anywhere in the world.
The Basic Law, Hong Kong's mini-constitution, mandates the city to enact a national security law. However, due to widespread public opposition over concerns about the erosion of civil liberties, its implementation has been repeatedly delayed for decades. In 2003, a previous attempt to pass such a law sparked massive street protests, with half a million people taking to the streets, eventually leading to the shelving of the proposed legislation.
Despite the strong public opposition in the past, the recent crackdown on political opposition in Hong Kong is expected to clear the way for the bill to pass quickly. Pro-democracy activists have been arrested, silenced, or forced into exile since 2020, and numerous civil society groups have been disbanded. Meanwhile, media outlets critical of the government, such as Apple Daily and Stand News, have been forced to shut down.
The public consultation, which began on Tuesday and will last until the end of February, will provide input for the writing of the draft text of the National Security Law. A 110-page document outlining the government's plans for the legislation has already been released. During a news conference, city leader John Lee emphasized the importance of the law, saying that the threats to national security are real and that Hong Kong has suffered from them significantly.
The previous National Security Law imposed by Beijing criminalized subversion, advocating secession, and collusion with foreign forces, as well as terrorism. However, it did not cover all the offenses authorities wished to target. The new proposed legislation seeks to fill these gaps and includes banning collaboration with external forces to interfere with the affairs of China or Hong Kong. It also criminalizes the publication of misleading statements with the intention of endangering national security, which could be considered an espionage offense.
Furthermore, the law aims to expand existing legislation to cover inciting public officials to abandon their allegiance to Hong Kong and China, extending it beyond just members of the police and other security forces. However, Lee assured that criticizing the government and expressing opinions is still allowed as long as national security is not endangered.
Critics of the law are concerned that it will be used as another tool to crack down on dissidents, further eroding the promised freedoms for Hong Kong when it returned to Chinese rule in 1997 after being a British colony. The proposed legislation comes under scrutiny for its potential impact on journalists who report on government insider information in the public interest, as well as its potential effects on civil society organizations, which could face greater restrictions.
Following the one-month public consultation period, the proposed legislation will be drafted as a bill and examined by Hong Kong's Legislative Council. Given recent changes to Hong Kong's electoral system, which have resulted in the exclusion of opposition lawmakers, it is expected that the domestic national security law will be easily passed without significant opposition during its three readings.
The timeframe for enacting the law has not been provided, but city leader John Lee emphasized the urgency, stating that it should be done 'as soon as possible.' Under Hong Kong's constitution, the city is obligated to enact laws to prohibit various acts, including treason, secession, sedition, subversion against China's central government, theft of state secrets, and political activities of foreign organizations in the city, as well as local political organizations establishing ties with foreign groups.
