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SCMP Reporters

This story has been made freely available as a public service to our readers. Please consider supporting SCMP’s journalism by subscribing.
Hong Kong lawmakers have unanimously passed a domestic national security bill, fulfilling a constitutional obligation that was shelved by mass protests more than two decades ago.
The Safeguarding National Security Ordinance spans 39 offences divided into five categories: treason; insurrection, incitement to mutiny and disaffection, and acts with seditious intention; sabotage; external interference; and theft of state secrets and espionage.
Treason, insurrection, inciting members of the Chinese armed forces to mutiny, and colluding with external forces to damage public infrastructure are the four offences punishable by up to life imprisonment. The latter can also apply to offenders based outside Hong Kong.
The Legislative Council earlier on Tuesday became the scene of marathon review proceedings, in a bid to have the legislation quickly written into statute books less than two months after the city government held a public consultation.
Follow our live blog for the latest on the passage of the bill.
Reporting by Kahon Chan, Jeffie Lam, Harvey Kong, Lilian Cheng, Natalie Wong, Willa Wu, Elizabeth Cheung, Emily Hung and Jess Ma


As it happened: Hong Kong legislators make history, passing Article 23 domestic national security bill nearly 27 years after return to Chinese rule

Legislators and the chief executive pose for photos after the historic passing of the Article 23 bill. The new law spans 39 offences divided into five categories. Photo: Sam Tsang

News

Hong Kong

Politics

Chief Executive John Lee says legislation will take effect from Saturday, as city passes bill after first attempt shelved 21 years ago in face of protests
Security chief Chris Tang stresses need for ‘forward-looking’ law, while Simon Young of HKU says it is ‘regrettable’ legal sector not involved in Legco discussions


John Lee says legislation will take effect from Saturday, as city passes bill nearly 27 years after return to Chinese rule.


Hong Kong’s Article 23 national security law

Hong Kong politics

Hong Kong national security law (NSL)

Hong Kong Basic Law

Legislative Council of Hong Kong

John Lee

Live

The government’s first attempt to pass the controversial Article 23 legislation in 2003 failed to secure majority support in the legislature after half a million people took to the streets in protest. Authorities were criticised at the time for not holding a white bill consultation.


Second attempt

The proposed domestic national security law was drawn up to target five offences – treason; insurrection; theft of state secrets and espionage; sabotage endangering national security; and external interference.


Main targets of offences

The government said its figures showed 98.6 per cent of the 13,489 submissions made over the 30-day consultation period on the bill backed the legislation. Authorities added some of the submissions that opposed the bill came from “anti-China forces”.
The number of submissions made during the consultation exercise was a sharp drop from the more than 90,000 received in 2003, when the first attempt at a domestic national security bill was made.
Hong Kong’s political landscape, however, has shifted since Beijing imposed a national security law in 2020.


‘Majority support’

Chinese Vice-Premier Ding Xuexiang, the head of the Central Leading Group on Hong Kong and Macau Affairs, told city delegates who attended the “two sessions” meetings in Beijing earlier this month that enactment of Article 23 legislation should top the city’s agenda.
Ding said swift enactment would safeguard “core national interests” and shift Hong Kong’s focus to economic development. He also urged city delegates to the country’s legislature to combat concerns about the bill and refute falsehoods.
Why is Hong Kong going full speed with its Article 23 security legislation?
Insiders have said the clear message from Beijing pushed Chief Executive John Lee Ka-chiu’s administration to accelerate the bill’s passage. It eventually set a new target to have the legislation on the books this month “at all costs” with no margin for delay. Read our earlier report here.



Reminder from Beijing

A maximum penalty of life imprisonment could be imposed for those convicted of treason, insurrection, incitement of a member of the Chinese armed forces to mutiny, or collusion with an external force to damage or weaken public infrastructure with an intent to endanger national security.
It was also proposed that the maximum penalty for sedition should be raised to seven years in jail – more than three times the present two-year upper limit.


Punishments

More than 40 amendments were submitted by the government after the bill was gazetted on March 8. One clause was designed to empower the chief executive in council to make subsidiary legislation “for the needs of” safeguarding national security.
Such legislation can be enacted first and scrutinised by the legislature later under the negative vetting procedure.
Hong Kong auditors want clarity over fears of work caught by Article 23 law
The chief executive in council, through subsidiary legislation, would also be able to specify a class of people as public officers to broaden the scope of the term for incitement to disaffection or state secret offences.
A suspect could also be labelled an absconder immediately after a warrant for arrest was issued after a six-month wait requirement was removed.



Key amendments

Executive Council convenor Regina Ip Lau Suk-yee says she is back in the legislature early on Tuesday morning, looking forward to completing a “historical mission”.
Ip, who spearheaded the first legislative exercise of Article 23 in 2003, resigned after half a million people took to the streets against it, which forced the government to shelve the bill.




‘Historical mission’

Hong Kong’s legislative is resuming its second reading of the domestic national security bill.
At the beginning of the session, Legislative Council president Andrew Leung Kwan-yuen says he feels lawmakers are “very honoured” to be part of the process, hailing the “high-quality” work of the bills committee.
“I fully agree with what the chief executive said that one day sooner legislation is completed, one day sooner national security will be protected. The residents also generally agree that the national security legislation should be completed as soon as possible,” says Leung.
The bill, which is expected to get the lawmakers’ clearance on Tuesday, only reached the Legco 11 days ago.


Legco president hails ‘quality work’

Lawmakers, including two of the city’s former security chiefs, Regina Ip Lau Suk-yee and Lai Tung-kwok, pose with hard copies of the Safeguarding National Security Bill inside the Legco chamber before the legislature resumes the bill’s second reading.



Lawmakers take pictures together before reading resumes

Bills committee chairman Martin Liao Cheung-kong is reporting to the full meeting the work carried out.
He says the committee has spent nearly 50 hours scrutinising the bill with more than 1,000 questions raised to the authorities, with many of the amendments proposed by lawmakers incorporated into the final bill.
He also maintains that the offences and penalties are designed based on common law and rule of law principles with references made to many other jurisdictions.


‘Rule of law principles followed’

Speaking in a personal capacity rather than as chairman of the bills committee, Martin Liao says that after the 2019 anti-government protests, there has been a consensus on the need to introduce the domestic national security legislation.
The final draft of the Article 23 legislation has struck a “reasonable balance” between safeguarding national security and protecting human rights, he adds.
“I hope the government can step up explanations of the law, so it can ease any doubts about it,” he says.



‘Step up explanations to ease doubts’

Lawmaker Reverend Peter Koon Ho-ming says he is very proud to be part of the efforts in enacting the legislation which will help the development and prosperity of Hong Kong and the country.
He says the new law will only “target a very few people”, and also clearly defines all the specific offences.
Koon says the public should not have an impression that the government is rushing to turn the bill into law or arrest people, but rather only hoping to protect national security as soon as possible.



Law will only ‘target a very few people’

Gary Chan Hak-kan, the chairman of the Democratic Alliance for the Betterment and Progress of Hong Kong, says that having a complete national security mechanism and framework is a clear requirement of the central government.
The chairman of the city’s largest political party says its stance is that the safeguarding of national security is the top priority in ensuring the long-term operation of the “one country, two systems” governing principle.
The bill has taken reference from the laws of multiple countries, such as nations which have attempted to smear the proposed domestic national security legislation, Chan adds.
“This is a historical milestone, I think all lawmakers sitting here feel honoured to have taken part in the legislation work,” he says.


Safeguarding national security is top priority

Bill Tang Ka-piu of the Federation of Trade Unions says some offences under the new legislation will effectively rule out “evil deeds” observed during the anti-government protests in 2019.
He says protesters paralysing the city’s commuter railway and wrecking traffic lights may have been caught under the sabotage offence, while those doxxing police officers may have been targeted under the new offence that outlaws harassment of personnel involved in national security work.
“If the legislation had been successfully enacted in 2003, how could Hong Kong have developed so slowly? It would have been impossible for such black-cladded violence and pro-independence factions to emerge or even sprout,” Tang says.


New law will rule out ‘evil deeds’ seen in 2019

Carmen Kan Wai-mun, a bills committee member, notes in her speech that the administrative measures adopted in some common jurisdictions are tougher than Hong Kong’s, noting that police officers can initiate applications to extend detention of suspects in Britain.
“We may not necessarily adopt what foreign countries have, while we are setting our own rules based on our own circumstances in areas where foreign countries offer no example,” Kan says.


‘Setting our own rules’

Finance sector lawmaker Chan Chun-ying says the existing national security law imposed on the city by Beijing only covers a certain subset of crimes, with the Article 23 bill needed to cover offences not outlined in the earlier legislation.
He emphasises the proposed domestic national security law will not affect law-abiding residents, with the suggested punishments either matching or even being lower than those outlined in similar overseas laws.
“Law-abiding residents do not have to worry about breaking the law accidentally,” he says, noting international investors can continue their activities in the city without fear of breaching the law.
Chan ends his remarks by asking authorities to step up their explanations of the coming legislation to the public, as those without a legal background will find it difficult to understand its contents.



‘Law-abiding residents do not have to worry’

Maggie Chan, the first lawmaker to speak at the resumed second reading session, voices her clear support for the proposed legislation.
“As a lawyer, I believe that the bill is pragmatic, cementing the core value of Hong Kong’s rule of law, and ensures judicial independence free from interference from foreign forces. It is in line with Hong Kong’s actual circumstances,” she says.
External interference, which includes using improper means to influence the judiciary, is among the new offences covered under the bill.
The legislator also calls for more systematic education on national security in Hong Kong.


New bill ‘ensures judicial independence’

Dozens of police officers are patrolling outside the Legislative Council Complex in Admiralty, despite a lack of protesters.
An armoured vehicle, dubbed the “Sabre-toothed tiger”, is parked outside, with officers in tactical equipment standing nearby.



Police presence at Legco, despite no signs of protest

Lawmaker Lo Wai-kwok says the legislative exercise this time reflects how the legislature and the executive branch have worked together for the same goal, while praising the government for being receptive.


‘Working for same goal’

Chief Secretary Eric Chan Kwok-ki, Hong Kong’s No 2 official, sends a message to all lawmakers before the resumption of the bill’s second reading on Tuesday morning, asking for their support for its smooth passage to ensure Hong Kong fulfils a task unfinished since its return to Chinese sovereignty nearly 27 years ago.
“The legislative process … showcases the collective efforts of the executive and legislative branches, and demonstrates the unwavering determination of the entire Hong Kong community to safeguard our homeland,” Chan says in the message sent to lawmakers’ private mobiles.
Upon expressing his appreciation for lawmakers’ devotion to “rigorously and efficiently” vetting the bill, Chan calls for firm support of the bill, which will sit along with the Beijing-decreed national security law to provide a safe and secure business and living environment to the city.


Hong Kong’s No 2 official calls for lawmakers’ unanimous support

Kenneth Fok Kai-kong says Hong Kong remains appealing to outside businesses, citing government statistics that more than 300 foreign firms set up outposts in the city in 2023.
“It is a total fallacy for some people to express concern that foreign investors will leave Hong Kong after the Article 23 legislation,” says Fok, who is also a deputy to the National People’s Congress, the country’s legislature.



‘Total fallacy to say foreign investors will quit city’

Liberal Party leader Tommy Cheung Yu-yan says the international business community is concerned about the issues surrounding national security because the concept has not been clearly articulated in other countries.
He says Britain, for example, has included trade secrets in state secrets, and the US has sanctioned businesses in the name of national security. But both countries have not clearly defined the scope of national security, he says.
Cheung is also a member of the government’s key decision-making body, the Executive Council.


Exco member takes aim at UK and US

Regina Ip, Exco convenor and chairwoman of the New People’s Party, says she is very happy the city has reached the final stage of the legislative process, only weeks after a public consultation was held.
Citing the current “complicated” geopolitical situation, Ip says the legislative work of Article 23 this time “carries more responsibilities” than 21 years ago when she led the effort as security chief at the time.
“I am very happy that we finally reached this moment today and that we can complete our constitutional responsibility under Article 23 of the Basic Law,” she says, referring to the city’s mini-constitution that stipulates Hong Kong must enact its own national security law.
Ip notes that if the Article 23 legislation had been passed earlier in 2003, the city would not have faced the various political crises that emerged in 2014 and 2019.
“We would have not seen the 79-day Occupy Central movement in 2014,” she says.
“It was already some foreign forces doing something to overthrow the societal order in Hong Kong, so they could overthrow government policy. We also had the widely known violent activity in 2019 to overthrow the government and separate Hong Kong from China.”



‘We finally reached this moment’

Jesse Shang Hailong continues the strong display of support from lawmakers for the proposed legislation, expressing his gratitude for the central authorities’ respect of the “one country, two systems” governing principle and its leaving of the legislation effort in the hands of the Hong Kong government.
“I think this Hong Kong story is the most convincing historical evidence of one country, two systems,” Sheng says. “We must continue to tell this Hong Kong story and let time and facts prove everything.”
Lai Tung Kwok, who is a former security minister, also notes the bill has been drafted under common law principles.


Bill is ‘evidence of one country, two systems’

Starry Lee Wai-king, the city’s sole delegate to the national legislature’s top body, takes a moment to address the international community in English and points to various Western countries’ own national security laws as proof of its importance among states, including China.
“All in all, national security law is as important to one country as that to the other countries throughout the centuries, there is no exception for Chinese sovereignty,” she says.
Lee adds that she supports the Hong Kong government in passing the domestic national security bill “fully and firmly”.



Starry Lee addresses international community

Lawmaker and Basic Law expert Simon Hoey Lee, says the “high-quality” legislative process of the bill is a continuation of the drafting of the city’s mini-constitution in the 1980s, as well as a demonstration of the rule of law.
The bill balances national security with individual freedoms, aligns with international standards and takes the ‘one country, two systems’ principle into account, he adds.



Basic Law expert praises legislative process

Dennis Leung Tsz-wing says the greater a country becomes, the bigger the need for a law to safeguard national security.
The labour-sector legislator thanks both the central and local governments, which have “adopted the most sincere attitude” in helping Hong Kong for the legislation in the past 27 years, providing a broad definition of offences while ensuring a rigorous process for prosecution and trial.
“This is the greatest blessing to Hongkongers,” he says.


‘Greatest blessing’ for Hong Kong

Lawmaker Edward Lau Kwok-fan argues Bloomberg News’ earlier misreporting of consultation results as an indicator that some social media sites could be banned under the proposed law was an attempt to create “fear”.
The government must clarify the coming legislation and rebut smears in a timely manner, so residents can be confident it ensures Hong Kong’s stability and a thriving business environment, he says.
“Article 23 will only further strengthen Hong Kong’s position as an international finance and commerce centre,” Lau adds.



Authorities must promptly rebut smears against Article 23 bill

Lawmaker Sunny Tan says Legco’s final scrutiny of the bill is a key, touching and inspiring moment.
Tan, who is the chairman of Hong Kong Productivity Council, insists that foreign investors have continued to show “strong interests” in growing their businesses in the city, “taking concrete actions to cast a vote of confidence in Hong Kong’s business environment”.
As a representative of the textiles and garment sector, he says the industry is ready to promote the true sides of Hong Kong through its global connections.


‘Touching and inspiring moment’

Lawmaker Stanley Ng Chau-pei says the city’s legislature has shown “unprecedented unity” in supporting the bill, fully demonstrating a new political environment there under the “patriots administering Hong Kong” principle.
The Federation of Trade Unions president also sternly condemns external forces from the US and other Western nations, as well as local anti-China and anti-Hong Kong forces, for their attempts to smear the proposed law.
“The more they meddle with the legislation, the more hypocrisy and shame they demonstrate to the world,” he says.



Legco shows ‘unprecedented unity’ in supporting bill

By 11am, nearly two hours after the meeting started, 21 out of 89 lawmakers had spoken in support of the legislation.
Under the usual Legco practice, president Andrew Leung will not speak.


Nearly a quarter of lawmakers have spoken two hours in

Both Michael Luk Chung-hung and Kwok Wai-keung of the Hong Kong Federation of Trade Unions (FTU) say the West has been making efforts to curb China.
Luk says he expects the external interference offence in the new law will make it difficult for “traitors” and “public enemies” to collude with Western forces to disrupt order in Hong Kong.
Kwok describes the legislation not as “late homework” that has been “forgotten”, but as work that has been delayed by some people through deliberate smearing and efforts to block its progress.
He says that as a lawmaker who has experienced the “chaos” of past Legco sessions, it was an honour to finish the legislation of the Article 23 bill.


New law expected to rein in ‘traitors’

Tony Ho, director of the Indonesian Chamber of Commerce, issues a statement calling for Hong Kong authorities to create “national security law consultation centres” to help address concerns in the business sector.
Businesses and individuals may go to those centres when they feel there are “grey areas” in their operations and receive preliminary guidance from legal experts, he suggests.
“I believe that the majority of Hong Kong people and foreign businesspeople are law-abiding in their work and lives,” Ho says.
“It is believed that this arrangement can greatly reduce doubts, increase transparency and enhance the confidence of citizens and the foreign business community in the national security law.”



Indonesian business group calls for ‘national security law consultation centres’

Legislator Elizabeth Quat, speaking in a personal capacity, calls on the United States to examine its own record of infringing human rights and placing limits on freedom of speech, instead of commenting on the Article 23 bill.
“They should better pay attention to the human rights of local African Americans, indigenous people and the general public,” she says.


Lawmaker calls on US to focus on its own human rights issues

In her speech, Joephy Chan Wing-yan from the FTU highlights her YouTube channel, saying that she has been hitting back at smears against the bill both “online and offline”. She also praises the government’s “effective” rebuttal efforts.
The newcomer to the legislature raised eyebrows during the public consultation period after posting a video criticising former Legco president Jasper Tsang Yok-sing, saying that the veteran DAB lawmaker appeared to be questioning the Article 23 law.
Steven Ho of the DAB later accused her of trying to generate traffic.


Lawmaker highlights ‘influencer’ role

Connie Lam So-wai, the lawmaker for the New Territories South East constituency, expresses her “wholehearted” support for the bill, saying she will endorse it “even at the cost of having her body smashed into pieces”.
Lam, who is a certified social worker, also calls for her colleagues and others in the social welfare sector to support the legislation.


Lawmaker vows to support bill, even at ‘cost of being smashed to pieces’

Election committee lawmaker So Cheung-wing says the law accurately targets behaviour that endangers national security, which protects the interests of law-abiding residents and business.
He adds that the law has gone through the necessary processes of legislation, with the process meeting requirements of local laws.
Lam Chun-sing from the Federation of Hong Kong and Kowloon Labour Unions says trade unions are obliged to end ties with international associations if the latter endanger national security.
But he stresses that working with an “external force” is not a crime as long as no improper means or intent to endanger national security are involved.
Some unions previously affiliated with the now-disbanded Confederation of Trade Unions have since joined Lam’s group.



Lawmakers, unions praise bill and efforts to safeguard national security

Bills committee and Exco member Jeffrey Lam Kin-fung says lawmakers have read all of the bill’s clauses, while government officials have addressed many of the business sector’s concerns with their responses.
“I believe that most people in society have already put their minds at ease about the bill,” Lam says.
“I believe that some people, including foreign individuals or organisations, will make malicious comments or make false accusations about the bill. The government will need to provide rebuttals and clarifications as soon as possible.”
Business chambers and professional groups previously raised concerns about the broad definitions of “external forces”, though officials have insisted other requirements must be satisfied before someone can be convicted under the proposed law.


Hongkongers’ ‘minds are at ease’ over bill

A group of students from the CUHKFAA Thomas Cheung School are watching the live broadcast of the resumption of the bill’s second reading from inside the Legislative Council building as part of their visit. Lawmaker Dennis Leung Tsz-wing introduces them to how the legislature functions.



Students visit Legco

Lawmaker Jimmy Ng Wing-ka says that the “front door” of Hong Kong’s national security has been constantly attacked since the failure to pass Article 23 in 2003, with the 2020 Beijing-imposed national security law only acting only as a “door lock”. Ng adds that the domestic national security law will serve as a “front gate” for the country, filling any gaps left by the Beijing-imposed legislation.
Ng says that the sooner the bill becomes law, the sooner the city can focus on its continued development from stability to prosperity. The point is also made by Lee Chun-keung, speaking before Ng.


Article 23 law a ‘gate’ for national security

Michael Tien Puk-sun, like all other lawmakers speaking before him, voices support for the legislation.
He says the government’s explanations about offences related to state secrets have given him assurance that “disclosure of information in good faith” will not be caught due to the condition of “likely endangering national security”.
“The work on the Article 23 law is only starting after today’s legislation,” Tien says. “As the government and [Legco] will run proper publicity and education, the fewer opportunities to invoke the law in the future, the better.”
Kenneth Lau Ip-keung, who represents rural affairs body Heung Yee Kuk, agrees it will be “impossible” for people and organisations running ordinary business in the city to be caught under the state secret offences.
“As a legislative councillor of the seventh Legislative Council, I feel immense glory in taking up the historical responsibility that has been delayed for 27 years in this important time,” Lau says.


Lawmaker reassured over ‘disclosure of information in good faith’

Tik Chi-yuen, the sole non-establishment lawmaker, makes clear his “sincere support” for the bill in his relatively short speech, adding that people have lost faith in the future amid the political turbulence of previous years.
“The completion of the Article 23 legislation is not an end, but a new beginning. It allows us to start creating a better future,” he says.
“There is more work to be done in the future, which will be more challenging than completing the Article 23 legislation, so it is not yet the time to celebrate. But we can be happy about the future ahead of us.”
Earlier, lawmaker Erik Yim Kong says national security is the biggest interest for the public, with only a safe and peaceful society able to guarantee safety and personal interests will be protected.
“Hong Kong’s base for success is its rule of law, with the legislation of Article 23 helping to strengthen this base,” he says.



‘Not yet the time to celebrate’

Education sector lawmaker Tang Fei says the participation of teachers and students in past protests is “heartbreaking” and also serves as a constant reminder of the existence of national security risks.
“There is a necessity in safeguarding national security and legislation must be made towards it as soon as possible,” he says.
Meanwhile, election committee lawmaker Chan Wing-kwong says it is the responsibility of every resident to safeguard national security and love the country.


National security risks exist, so we must pass legislation: lawmaker

By 12.43pm, almost four hours after the meeting started, 44 out of 89 lawmakers have spoken, all voicing support of the legislation. According to normal procedure, Legco president Andrew Leung is not expected to speak.
Each lawmaker in the session is allowed to speak for a maximum of 10 minutes before a vote on the motion takes place.
A committee of the whole council will then discuss whether to support the 91 amendments proposed by the government. This will be followed by the third reading debate, after which the legislation can be voted on and passed.



Half of lawmakers have spoken

Priscilla Leung Mei-fun says the Article 23 legislation is a “good law” that will help to protect the lives and property of residents.
“Those who experienced the black-clad violence of 2019 know that Hong Kong without a complete national security ordinance will become lawless – it is very scary, there is danger to the lives of residents when they go to school, work and do business,” she says.
“The legislation this time can protect residents and investors even better.”
The Basic Law committee member says the better defined legal boundaries will offer clarity, and the city should declare to the whole world “with total confidence” that this is a high-quality piece of legislation that aligns with common law principles and meets international standards.



Promote ‘high-quality’ law to world: Basic Law committee member

Lawmakers, who are not given a collective lunch break during the reading session, take turns to go for a quick bite at Legco’s dining hall. Snacks such as deep-fried spring rolls are on offer in the antechamber room after more than four hours of speeches.
The Post has learned that dinner will also be prepared as the chamber meeting is expected to last until 9pm.
Security chief Chris Tang leaves the chamber room at 1.10pm for lunch, while justice minister Paul Lam remains inside.



No lunch break

William Wong Kam-fai, who is also an engineering professor, says the national security law offers assurance for mainland authorities to give the green-light to more cross-border data transfer arrangements.
He refers to a pilot scheme launched in December between Hong Kong and the mainland to enable easier cross-border data transfers in the Greater Bay Area for certain industries.
“Only by consolidating the national security defence line can all obstacles to confidence be removed, allowing our cross-border data exchange to expand in scope and level,” Wong says.
Bills committee member Chan Siu-hung says he particularly welcomes the introduction of a clause that empowers the city leader to make subsidiary legislation, which he says makes the law more forward-looking.


Cross-border data transfer to benefit

Nixie Lam Lam, the second lawmaker to address the chamber in English, follows an earlier remark in the language by colleague Starry Lee Wai-king.
“Much as an international city we are, Hong Kong has been sadly also an international political battlefield,” she says.
“For 27 years we witnessed these ill-intentioned politicians from all over the world riding on our national security law to gain their little brownie points for their election campaign, or simply just want to show how tough of a man they are.”
She criticises politicians from the UK and the US over their actions towards the city, adding that she is glad to cast her vote during this “historical moment”.
“It’s definitely not easy, but we’re finally here.”


‘Not easy’, but ‘finally here’: lawmaker on Article 23 law

Doreen Kong Yuk-foon says the city must equip itself with the rational tool of legislation to defend itself, as Hong Kong is caught up in “warfare without gunpowder”.
Kong, who is a lawyer herself, cites a series of national security laws imposed by Britain and the US to illustrate the “unmatched” toughness and broad scope of counterparts in Western countries.
“True kindness must grow teeth, or else it is merely weakness,” Kong says.
“When it comes to legal regimes related to ensuring national security, other countries are like iron and steel walls that are impenetrable to all poisons and are constantly updated and ramped up over time. Hong Kong is fragile like glass, and has been slow, hesitant and not firm enough [to respond].”
Duncan Chiu Tat-kun, who represents the IT sector, says researchers who are not working with the government can be rest assured their research materials will not be considered state secrets because there is no disclosure authority involved.
Lawmaker Gary Zhang Xinyu says that only after enacting the domestic national security law can Hong Kong fully shift its focus to economic development, which will eventually help to improve livelihoods.


‘True kindness must grow teeth’

Authorities kicked off the one-month consultation of the bill on January 30, unveiled its draft, and had its first reading cleared and second reading adjourned on March 8.
Lawmakers have since held marathon meetings for seven days in a row, including a weekend, to scrutinise the bill clause-by-clause and approve amendments submitted by the government on March 13.
The legislature gave the green light to waive a 12-day notice period to speed up the vetting process after a written request from the government on March 15.






Timeline of the legislative process

Veteran legislator Ma Fung-kwok claims that a number of former opposition lawmakers gathered with foreign politicians “somewhere near Hong Kong” about 10 years ago to “discuss how to challenge the government and create trouble”, suggesting such meetings led to the Occupy Central campaign in 2014.
He stops short of naming the lawmakers.
“I feel sad that many Hongkongers had a poor concept of our country and lack awareness of national security, and were willing to be used by foreign forces. At the same time, I also found that Hong Kong lacked a comprehensive legal regime to suppress external security threats to the country,” he says.
Ma was a member of the bills committee that scrutinised the 2003 version of the Article 23 legislation.


Lawmaker accuses ex-colleagues of plotting with external forces

Lawmaker Wendy Hong Wen says Hong Kong owes a long “historical debt” for failing to legislate a domestic security bill for 26 years after the city’s return to Chinese sovereignty.
“This is Hong Kong’s historical debt. Debts must be repaid, and the longer you default, the greater the cost. We have seen just that in the past few years,” she says, referring to the 2019 social unrest.
The lawmaker adds there is a common consensus regarding the need to complete the legislation now.


Article 23 ‘is a historical debt’

About 40 residents, mostly middle-aged, are seated in the public gallery for the bill reading after arriving early in the morning.
Some of them tell the media they have come on their own initiative and hope to witness history.



Residents watch reading in Legco

Edmund Wong Chun-sek, who represents the accountancy sector, says the industry’s concerns about handling potential state secrets in their auditing work “are unnecessary” following the government’s explanation.
The DAB lawmaker acknowledges that some accountants have raised concerns about the legal risks associated with external forces, state secrets and professional confidentiality.
But accountants do not risk falling foul of the new law as they obtain material through lawful means, despite some information associated with state-owned enterprise clients being potentially classified, he says.
“Even when overseas regulatory agencies require [a firm] to submit customer-related information, the industry is already handling relevant issues in accordance with the requirements set by the country, so there will be no question of unlawful disclosure and possession of state secrets,” he says.
He says he also believes ordinary interaction with external organisations will not be an offence under the new law.


Accountancy sector’s concerns ‘unnecessary’

A resident surnamed Chan, who is among the 40 people sitting in Legco’s public gallery, tells the Post she is there to witness the history.
“The legislation is very important to Hong Kong. I want to see how it comes into reality,” says the secretary, who is in her 40s, adding she doesn’t know others in the group.


Witnessing history

Lawmaker Junius Ho Kwan-yiu compliments the government on its efforts to swiftly pass the bill, adding the move is only a single step in ensuring national security.
Ho adds that more education on the coming law is necessary, recalling the “significant” amount of negative responses he has received while giving lectures to teachers on the topic.
“When I was giving the lecture, these teachers were playing video games, chatting among themselves and sleeping. Do they know anything about this law?” he exclaims.
“When I am there to train the trainers, they are sleeping, playing video games and even staring at me with disgust.”
The legislator also recalls teachers asking him why he was selected to give such classes, with some accusing him of making offensive remarks.


‘Teachers despised me when I gave NSL talks’

Lawmaker Ambrose Lam San-keung, former president of the Hong Kong Law Society, says the Article 23 bill will lead to increased societal stability and a better economy, with investors receiving further protections.
Lam says Hong Kong’s missed opportunity to legislate on Article 23 in 2003 led to Occupy Central in 2014 and anti-government protests in 2019, causing chaos in the city.
DAB lawmaker Vincent Cheng Wing-shun says the domestic national security law is much needed in times of increasingly volatile geopolitics, adding that the “majority opinion” in the city leans towards the bill.



Bill to bolster security, economy: former Law Society president

Lawmaker Chan Kin-por praises the legislation process as fair and balanced, saying the bill fulfils “international norms” and the local judiciary has been fair and competent in discharging its duties.
The insurance sector legislator also compares Hong Kong’s situation with Singapore’s, saying the former had been hindered by political woes after the handover while the city state had sped ahead.
Chan adds the consultation and amendment processes have eliminated all risks of inadvertent offences being created.


‘A balance between national security and human rights’

Agricultural and fisheries sector lawmaker Steven Ho Chun-yin says external forces and some media outlets have continued to disseminate misinformation despite widespread local support for the bill, adding that lawmakers should continue to dispel rumours.
The DAB lawmaker also hits out at legal academic Benny Tai Yiu-ting, co-founder of the 2014 Occupy movement, for his “ten steps to mutual destruction” comments on how the city’s political institutions could be mobilised to veto the budget.
Ho says the comments set a precedent for the need to keep the city safe from national security threats.
Tai is now in remand alongside dozens of local opposition politicians over a conspiracy to subvert state power trial over a primary election organised ahead of the 2021 Legislative Council election. Prosecutors have accused them of conspiring to win control of the legislature and paralyse the government by indiscriminately vetoing the budget.


Past legislative procedures ‘rigid’, Occupy leader under fire

Giving an impassioned speech in English, New People’s Party lawmaker Dominic Lee Tsz-king cites the swift passage of the United State’s Patriot Act following the 9/11 terrorist attack and its lack of media coverage as an example of double standards.
“Yet during that time, why didn’t we see Time magazine, Bloomberg News or The Economist write about the legislative process being hasty?” he asks.
“Why didn’t we see Stephen Roach having any problems with the fact that the US Congress passed the legislation with virtually no debate? Isn’t that an obvious double standard?”
His remarks refer to a commentary from the former Morgan Stanley chief economist, who claimed Hong Kong was on the decline, sparking outrage among the city’s political and business elites.
Lee says Western politicians have been hypocritical in their criticism of the Article 23 bill and have turned a blind eye to their own countries’ more severe security laws.
“If people don’t feel safe speaking their minds, how can we truly lay claim to the freedoms we so cherish? And without an assurance of safety, how can the virtue of democracy even begin to thrive?”
“Now it’s the time [for] Hong Kong to decide our fate, to unite as one, and to declare boldly to the world that we are prepared for what’s next … with our unity and this new law, we will advance with courage.”



Lawmaker calls out ‘obvious double standards’ of foreign critics

Lawmaker Holden Chow Ho-ding cites Singapore and the United Kingdom in his speech, comparing the detention period and the public interest defence in the city’s bill with those in the two countries.
“It is crystal clear that our national security legislation is more lenient than other countries,” Chow says.


Article 23 law is ‘more lenient’ than UK, Singapore

As the session reaches the 6½ hours mark, Chief Secretary Eric Chan and Financial Secretary Paul Chan enter the Legco chamber to listen to the proceedings.
More than 13 bureau chiefs have joined the session as of 3.35pm.

