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Hong Kong's legislature has passed a comprehensive national security law, aligning its laws more closely with those of mainland China and deepening a crackdown on dissent. The new law, consisting of 212 pages, was hurriedly approved by the Legislative Council, which lacks opposition, following a request from city leader John Lee. It introduces 39 new national security crimes, supplementing the already potent national security law imposed by Beijing in 2020 after large-scale protests. The existing law has led to the imprisonment of political opponents and the dissolution of civil society groups and outspoken media, transforming Hong Kong into a city that prioritizes patriotism.
Referred to locally as Article 23, the new legislation covers various crimes such as treason, espionage, external interference, and handling state secrets unlawfully, with the most severe offenses punishable by life imprisonment. Hong Kong's Chief Executive Lee hailed it as a "historical moment," fulfilling the country's trust and expectations.
Chinese and Hong Kong authorities argue that the new laws are necessary to "plug loopholes" and restore stability after the 2019 protests. Critics, however, contend that China's definition of national security offenses is much broader, encompassing political criticism, dissent, and business activities that would not be considered criminal elsewhere.
The new law has raised concerns among legal scholars and business figures, who fear a deepening crackdown on civil society and threats to the city's information exchange, particularly in the financial sector. The broad definitions and severe penalties in the law are expected to have a chilling effect on society, with the business community likely to be significantly affected. The law has outlawed unlawful acquisition, possession, and disclosure of state secrets, as well as espionage, with offenders facing up to 20 years in prison in severe cases.
Observers note that the law's wording allows for a broad interpretation of what constitutes a state secret, potentially including any information related to China's national defense, diplomatic activities, major policy decisions, and economic or social development.
Amnesty International has criticized the legislation, saying it deals a "crushing blow" to human rights in the city. The law also considers involvement with "external forces" as an aggravating factor, warranting harsher sentencing.
German businesses in Hong Kong have expressed concerns, with the President of the German Chamber of Commerce noting that the law complicates the case for Hong Kong's unique position as a hub for capital flow and a common law court system.
Former pro-democracy lawmaker Emily Lau worries that Hong Kong's distinctiveness is diminishing, emphasizing the city's desire to prosper while remaining a part of China. However, she laments that Hong Kong's uniqueness is fading, which she finds very sad.