Beijing’s foreign ministry office in Hong Kong fires double-barrelled blast at top US newspaper after editorial on domestic national security law
- China’s foreign ministry arm in Hong Kong sends second letter to The Wall Street Journal biting back after editorial criticises domestic national security law
- Hong Kong security deputy permanent secretary, takes aim at Britain’s The Guardian after ‘gross distortion’ of effects of new law
The commissioner’s office of China’s Foreign Ministry in Hong Kong on Friday issued its second statement in eight days that took a swipe at the news outlet’s editorial “Hong Kong’s Giant Leap Backward”, published earlier this month.
Measured approach of justice secretary will help Hong Kong move on
- Pledge to use city’s new domestic national security law only in compelling circumstances and to promote ‘soft power’ suggests a subtle change in government stance
The passing of a new domestic national security law paved the way for Hong Kong to start a fresh chapter, with the focus shifting to much-needed efforts to improve the city’s economy. That transition will be easier if the legislation is applied sensitively and the heat taken out of the discourse surrounding the laws, which has seen strident exchanges with critics overseas.
The views of Secretary for Justice Paul Lam Ting-kwok, expressed in an exclusive interview with the South China Morning Post, are therefore welcome. They suggest a subtle but significant change in the government’s approach as the city looks to move on.
Lam pledged the new law – involving crimes such as treason, sedition, external interference and state secrets – will only be used in compelling circumstances.
There have not been any arrests in the first month of its operation. This is not surprising as the environment is very different to that which existed following Beijing’s passing of an overarching national security law for the city in 2020, in response to months of civil unrest the previous year.
Since then, order has been restored.
The new legislation will, no doubt, be used when needed. But, as Lam said, it should be utilised only when strictly necessary.
One example is the approach taken to “soft resistance”. This is a vague term and concerns have been raised that a legal crackdown to combat it would unduly restrict rights protected by the city’s Basic Law.
But Lam said legal means would not be used to target soft resistance, which he characterised as the use of false, misleading or unfair statements to spread fear or despair. He argued “soft power” was a better way of responding.
This involves meeting criticism with rational and persuasive arguments, rather than arrests or fiery rhetoric. Such an approach is more likely to win hearts and minds.
There is also a need to better promote Hong Kong. The hosting of “mega events”, drawing visitors to the city to form their own conclusions will, in time, help rebuild its international reputation.
Hong Kong justice minister Paul Lam to avoid the West23 Apr 2024
A variety of summits and conferences are planned providing valuable opportunities for engagement.
Playing host to visitors from overseas is all the more important at a time when the geopolitical environment means there are no plans for Lam to visit the United States or other Western countries. In time, such trips should resume.
But other opportunities are opening up, with a visit to the Middle East planned for next month.
The passing of a domestic national security law was a landmark and the way in which it is implemented will be closely followed. The measured approach advocated by Lam will help the city move on to tackle other challenges.
Hong Kong’s domestic national security law subject to ‘rigorous’ legislative process with measures to protect innocent, justice chief says
- Paul Lam says he continues to engage in discussions and provide explanations on the Safeguarding National Security Ordinance enacted last month
- Secretary for justice stresses the law is in line with international human rights standards
Secretary for Justice Paul Lam Ting-kwok also said the public needed to consider all the elements and connections that constituted an offence, rather than basing criticism on isolated parts or wording when determining whether a law was sufficiently clear.
In a Facebook post on Sunday, Lam said he continued to engage in discussions and provide explanations on the Safeguarding National Security Ordinance enacted last month, with two recent sharing sessions with the Better Hong Kong Foundation think tank and trade group the Chinese Manufacturers’ Association of Hong Kong.
Calling the legislative process “rigorous”, Lam said the government responded seriously to lawmakers’ inquiries while appropriately proposing amendments to the legislation to address opinions.
Lam stressed the law was in line with international human rights standards.
Hong Kong’s domestic security law 1 month on: all quiet on the arrest front23 Apr 2024
“For example, in response to the media industry’s expectations, we included ‘public interest’ as a defence for the ‘unlawful disclosure of state secrets’,” he said.
“We [also] implemented measures to protect an ‘innocent third party’ from being affected by the actions of suspects or fugitives.”
Under the ordinance, the disclosure of state secrets is allowed when the purpose is to reveal the government’s performance of its functions is “seriously affected” or “a serious threat” to public order, safety or health.
But the defence can only be applied to people who unlawfully acquire, possess or disclose state secrets without the intention of endangering national security.
Beijing hits out at US after report on human rights situation in Hong Kong24 Apr 2024
The legislation also protects individuals involved in pre-existing property contracts, joint ventures or investments with a person later identified as an absconder.
“Hong Kong has an independent judicial system, and all cases related to the [ordinance] will be tried in Hong Kong, with final adjudication also taking place in the city,” he added.
The ordinance took effect on March 23 after an expedited legislation process – the bill cleared the legislature and was signed into law in just over three weeks after authorities concluded a one-month public consultation exercise.