Photo: VCG

 
The onus of passing Article 23 of the Basic Law in Hong Kong as soon as possible lies in the Hong Kong Special Administrative Region (HKSAR) government, experts said at the Global Times annual forum on Saturday.

After the months-long social unrest, it should be common sense that passing the national security law   is an urgent task for Hong Kong, said Wang Zhenmin, former director of the Legal Affairs Department of the central government's liaison office in Hong Kong.

Wang added that passing Article 23 doesn't necessarily require the HKSAR government to set up a separate law. The local legal system already includes provisions that equate certain banned acts with violating national security.

"The point is law enforcement," said Wang. 

Given the months-long social unrest, passing Article 23 may meet a wall of opposition, said Stanley Ng Chau Pei, President of the Hong Kong Federation of Trade Unions (HKFTU).

But he noted that national security is of vital importance, for which HKSAR government bears legal responsibility, and should not let the issue become a loophole.

If Hong Kong could not follow Macao to establish its own laws, the Standing Committee of the National People's Congress should think of another mode to pass such laws in accordance with the Basic Law, said Ng.

Tang Fei, a member of the Council of the Chinese Association of Hong Kong and Macao Studies, said that enacting Article 23 of the Basic Law should be done as soon as possible, but related measures on safeguarding national security and implementing the provisions should also be taken into account.

The nature of Hong Kong's separatism is totally different from that of Taiwan, as Hong Kong's separatism is implicit and is rising gradually, Tang said. 

As an example, he mentioned the popularity of a song. Many Hongkongers took the song "Glory to Hong Kong" as the "anthem of Hong Kong," but they never said that they wanted Hong Kong to secede. The song however subtly encouraged young people to pursue secession. 

The legislation has to counter such gradual and subtle attempts at separatism, otherwise separatism will deepen through "freedom of education" in Hong Kong, Tang said.

Hong Kong lawmaker Junius Ho Kwan-yiu said that the issue of Article 23 of the Basic Law is not an issue of whether to pass the legislation or not, as Hong Kong has to first undertake judicial reform before enacting Article 23 legislation. 

Francis Lui Ting-ming, former director of Economics Department at Hong Kong University of Science and Technology said that the legislation is necessary to curb violence and address the Hong Kong problem at the root, be it legislation of Article 23 or introducing national laws to Hong Kong Basic Law.