The Hong Kong government unveiled its draft of a new national security law on Friday, drawing close scrutiny from foreign diplomats, legal experts, and businesses who fear it may further erode freedoms in the financial hub.
Following a month-long consultation period that concluded last week, the draft introduces new legislation covering treason, espionage, external interference, state secrets, and sedition. Penalties outlined in the draft include life imprisonment for treason, 20 years for espionage, and up to 10 years for offenses related to state secrets and sedition.
The Legislative Council of Hong Kong commenced debates on the bill on Friday under tight security measures, marking the beginning of a series of sessions expected to span several weeks. Hong Kong’s leader, John Lee, urged lawmakers to expedite the passage of the bill, citing the increasingly complex geopolitical landscape and ongoing national security risks.
However, concerns have been raised by some investors over the hastened process. Andrew Collier, Managing Director at Orient Capital Research in Hong Kong, noted, “The fact they are rushing through article 23 shows concern about public opposition. The business community is going to be unhappy unless there are guardrails protecting individual rights.”
The drafting of the bill coincides with moves by China’s national parliament in Beijing to enact a series of new national security laws.
The European Union has expressed “grave concerns” regarding the broad provisions on “external interference” and the law’s extraterritorial reach, as stated in an earlier diplomatic note.
Among the proposed changes, the bill seeks to extend police detention for individuals arrested without charge to up to 14 days, a significant increase from the current 48-hour limit. Additionally, sentences for sedition could now result in up to 10 years in prison for offenses involving collusion with foreign forces.
The bill also introduces penalties for possession of seditious publications, with a maximum jail term of 3 years, and grants police authority to search premises to seize and destroy such materials.
While the bill acknowledges Hong Kong’s traditional freedoms and the importance of respecting human rights, some legal experts have raised concerns about the broad definition of state secrets, which encompass military, security, diplomatic, and various social, economic, and technological information related to China and Hong Kong governments.
Officials from both Hong Kong and China have defended the bill, arguing that similar legislation exists in many Western nations and is necessary to address “loopholes” in the national security regime. They cite the 2020 national security law imposed directly by China as essential for restoring stability following pro-democracy protests in the preceding year.