The Legislative Council of Hong Kong has initiated discussions on the draft of a new national security law for the Chinese territory following Chief Executive John Lee’s call for its swift passage.
Deliberations on the Safeguarding National Security Bill commenced on Friday at 11 am local time and were adjourned shortly after, with plans to reconvene on March 11. The draft bill, spanning 212 pages, was made available online just hours before the session and introduces new laws pertaining to treason, espionage, external interference, state secrets, and sedition.
Under the proposed legislation, individuals found guilty of treason could face life imprisonment, while those convicted of breaching state secrets or espionage could face sentences of up to 10 and 20 years, respectively. Penalties for sedition, currently addressed under colonial-era laws, would increase to between seven and 10 years from the current two years. Notably, the bill’s provisions permit charging individuals with sedition even in the absence of violent intent, diverging from internationally accepted standards.
Additional provisions include extending the period of police detention for suspects to two weeks before charges are filed, compared to the current 48-hour limit. The bill also grants police the authority to seek permission to suspend a defendant’s right to legal representation during pre-charge detention and permits the authorities to revoke the passports of “absconders.”
Chief Executive John Lee emphasized the urgency of passing the bill, stating, “Hong Kong has to enact the Basic Law Article 23 legislation as soon as possible – the earlier the better.” He underscored the importance of safeguarding national security to enable the territory to focus on economic development, improving livelihoods, and ensuring long-term stability.
Commenting on the likelihood of the law passing with minimal alterations, Samuel Bickett, a former Hong Kong-based lawyer, remarked, “It represents a clear, unequivocal move by Beijing to ensure the slightest dissent will not go unpunished in Hong Kong.”
While previous administrations hesitated to introduce Article 23 following mass protests in 2003, the current political landscape in Hong Kong has shifted significantly. The territory is now governed by a Chinese-drafted national security law imposed in June 2020, which criminalizes acts deemed as secession, subversion, “terrorism,” and collusion with foreign forces.
Critics argue that the Beijing-imposed law has severely curtailed Hong Kong’s longstanding freedoms, leading to the arrest of thousands, closure of media outlets and civil society groups, and the exile of many pro-democracy figures. The composition of the legislature has also been transformed, with pro-Beijing candidates dominating following electoral rule changes.
The bill is being considered following a month-long public consultation process, during which the government received over 13,000 submissions, with the overwhelming majority expressing support for the legislation.