The new subsidiary legislation for Hong Kong’s homegrown security law – also known as Article 23 – provides “legal certainty” against national security threats, Chief Executive John Lee has said.
Hong Kong fast-tracked the subsidiary laws under Article 23 through the legislature last week, enacting the laws less than 24 hours after they were introduced to the Legislative Council (LegCo).
The new laws created six offences related to Beijing’s Office for Safeguarding National Security (OSNS) in Hong Kong and designated six sites occupied by the office as “prohibited places” to prevent intruders and spies.
Asked if the legislation had been given sufficient time, Lee said on Tuesday that the update must be completed “as early as possible” amid growing uncertainty in global politics.
“I have said many times that national security risks are like a virus; the risks always exist around us,” he told reporters during a regular press conference.
“It is imperative to complete the subsidiary legislation as early as possible to ensure legal certainty,” he said.
He also said the subsidiary legislation did not grant new powers to the OSNS; instead, it provided details about the office’s work under the Beijing-imposed national security law.
“The subsidiary legislation refines the implementation rules, their details, and administrative matters of these provisions, making them clearer,” Lee said.
6 new offences
The OSNS was established in July 2020 under the Beijing-imposed national security law, which was enacted in the wake of the 2019 pro-democracy protests and unrest.
Separate from the Beijing-imposed national security law, Article 23 – formally called the Safeguarding National Security Ordinance – was enacted in March 2024, after it was fast-tracked at the city’s opposition-free legislature.
Under the new subsidiary laws, failing to comply with the OSNS’ legal notices or providing false or misleading information to the OSNS has been criminalised, carrying a maximum penalty of seven years in jail and a HK$500,000 fine.
Entering the OSNS’ premises without authorisation could result in a maximum jail term of two years, while conducting espionage activities such as inspections in person or via electronic devices is punishable by up to 20 years in jail.
The changes were enacted under a “negative vetting” procedure, allowing them to be first published in the gazette before being formally brought to the legislature for scrutiny.
A LegCo subcommittee, comprising the same 15 lawmakers who oversaw Article 23’s passage last year, did not raise any amendment proposals as it vetted the new laws for about five hours on Thursday.
Lee on Tuesday also lauded his administration for drafting the legislation and the “quick results” of the LegCo subcommittee.
It “reflects that the executive and the legislature are working together to safeguard national security,” he said.
Separate from the 2020 Beijing-enacted security law, the homegrown Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, theft of state secrets and espionage. It allows for pre-charge detention of up to 16 days, and suspects’ access to lawyers may be restricted, with penalties involving up to life in prison. Article 23 was shelved in 2003 amid mass protests, remaining taboo for years. But, on March 23, 2024, it was enacted having been fast-tracked and unanimously approved at the city’s opposition-free legislature.
The law has been criticised by rights NGOs, Western states and the UN as vague, broad and “regressive.” Authorities, however, cited perceived foreign interference and a constitutional duty to “close loopholes” after the 2019 protests and unrest.
