Andrew Leung Kwan-yeun, President of the Legislative Council (LegCo) of China's Hong Kong Special Administrative Region, holds a press conference on the legislation of Article 23 national security laws at LegCo in Hong Kong, on March 8, 2024. Photo: VCG

The Hong Kong Special Administrative Region (HKSAR) fast-tracked the Basic Law Article 23 legislation by gazetting the draft bill on Friday and tabling it to the Legislative Council (LegCo) for the first and second readings on the same day. The draft bill listed a series of offences and penalties including offences such as treason, insurrection, acts with seditious intention, external interference and theft of state secrets and espionage. 

Some legal experts told the Global Times on Friday that the sentencing standards for these offences are in line with the conviction and sentencing system of common law, and the draft fully reflects the spirit of the rule of law in Hong Kong, is entirely in accordance with consultation opinions and fits the actual situation in Hong Kong. 

In terms of sentencing, it is also much more lenient compared to some countries and regions in Europe and America, showing greater respect for human rights, experts said. 

Of those offences, the crimes of treason and insurrection carry the most severe penalties. Once convicted, an offender can be sentenced to life imprisonment, according to the draft bill. 

Illegal disclosure of state secrets, upon conviction, can result in up to ten years in prison, while a person who commits an offence with a seditious intention could face imprisonment for up to seven years. A person colluding with an external force to act with seditious intention could face 10 years in prison. 

The draft bill, divided into nine parts with 212 pages, was introduced to fully implement the constitutional duty as stipulated under Article 23 of the HKSAR Basic Law. Entitled the Safeguarding National Security Bill, the legislation is expected to play a complementary role to the National Security Law (NSL) for Hong Kong, as it covers some offences that the NSL for Hong Kong has not covered, such as treason, insurrection, offences in connection with state secrets and espionage and sabotage endangering national security, media reported.   

During the ongoing two sessions in Beijing, Zhao Leji, chairman of the National People's Congress (NPC) Standing Committee, delivered the report at the second plenary meeting of the second session of the 14th NPC on Friday morning. Zhao said the tasks for the coming year include strengthening the implementation of the Constitution and supervision of its implementation. 

This involves upholding the constitutional order and legal order of the SARs as defined by the Constitution and the Basic Law, and implementing the legal systems and enforcement mechanisms for maintaining national security in the SARs.

Historic moment 

After the draft was gazetted on Friday, the LegCo completed the first and second readings of the draft on Friday morning. Secretary for Security Chris Tang Ping-keung said during the meeting that Hong Kong had experienced serious threats to its national security, and the current geopolitical situation is complex and variable. 

"The government must plug the loopholes in national security; the sooner the legislation is completed, the smaller the risk to national security," Tang said.  

The bill clearly defines various offenses and lists appropriate exceptions and defenses of innocence, ensuring that the innocent will not be wrongly ensnared by the law, the official said. 

In the offences related to espionage, participating in or supporting external intelligence organizations, or accepting advantages offered by them may incur imprisonment for 14 years. 

The draft also indicated that a person who commits espionage with intent to endanger national security faces imprisonment for 20 years, including approaching a prohibited place, using an unmanned tool to approach the place or obtaining information that could be useful for external forces. 

The draft also provides a clear definition of external forces, with some international organizations directed by foreign governments also considered as foreign forces, while international organizations also include entities entrusted with functions by any country, region or place.

Many lawmakers who attended the first and second readings said that they "witnessed a historic moment." Lawmaker Wendy Hong Wen said in a post on WeChat on Friday that she looks forward to fulfilling the historical responsibility of completing the Article 23 legislation as soon as possible, "so that Hong Kong can shed its burdens, gear up lightly, and make a fresh start."

Nixie Lam Lam, another lawmaker who attended the meeting on Friday, told the Global Times that every lawmaker was very excited to witness this moment. "Especially after experiencing the social turmoil in 2019, we are very clear about where the loopholes in national security are," Lam said.

With the development of high technology and the popularity of social media, it is now necessary to consider more carefully and deeply how to better maintain national security, she added. 

The LegCo committee will continue on Saturday and Sunday to review the bill, according to local media reports. 

Rebuttal of Western criticism 

The Article 23 draft bill fully respects and protects human rights, fully draws on the legislative experience of other countries, especially those with common law systems, fully incorporates the current legal provisions familiar to Hong Kong society, fully safeguards the welfare and rights of residents, and fully protects property and investments within the SAR, the Hong Kong and Macao Affairs Office of the State Council said in a post published on Friday afternoon. 

The sentencing standards for the offences are appropriately stringent, aligning with the spirit of the rule of law, international standards, and customary practices, Willy Fu, a law professor who is also the director of the Chinese Association of Hong Kong and Macao Studies, told the Global Times on Friday. 

The primary purpose of punishment is to make the criminals and those intending to commit similar crimes clearly understand that they will face severe consequences for their actions, thereby serving as a deterrent and maintaining national security, social stability, and public interest, he said. 

In comparison, the maximum penalty under the US' national security law is death. The national security laws of countries such as the UK, Canada, Australia, and Singapore are more complex, more stringent, and carry heavier penalties, Fu said. 

Once the loopholes in national security are fixed, Hong Kong can have a more stable social environment, allowing it to concentrate its efforts on boosting the economy and addressing livelihood issues, experts said. 

The draft fully reflects the spirit of the rule of law in Hong Kong. For instance, the sentencing standards completely comply with consultation feedback and match the actual situation in Hong Kong, Louis Chen, a member of the Election Committee and general secretary of the Hong Kong Legal Exchange Foundation, told the Global Times on Friday. 

"The sentencing is much more lenient compared to some countries and regions in Europe and America, showing greater respect for human rights," he said.