New national security law reshapes HK
Identity as Asia’s financial hub may be weakened with less openness
HONG KONG (AP) — As Hong Kong passed a new national security law, the city that evolved from a swampy fishing village to a financial center embarked on another transformation, one that may redefine its role on the world stage and the liberties of its citizens.
For the government and supporters of Beijing, the legislation is the keystone in fulfilling a constitutional duty, heralding a new era focused squarely on economic prosperity. It will take effect on Saturday.
However, for those who value Hong Kong’s once-vibrant political culture and commitment to openness, the legislation exacerbates fears of dwindling Western-style civil liberties that are fundamental to its allure as a global financial hub.
Here’s what you need to know about the new law.
Four years ago, Beijing imposed a sweeping security law triggered by the massive anti-government protests in 2019.
The law was used to prosecute many leading activists, including media tycoon Jimmy Lai and former student leaders like Joshua Wong and Lester Shum. Others were silenced or forced into self-exile. Dozens of civil society groups facing police investigations and other obstacles closed, as well as vocal pro-democracy media outlets Apple Daily and Stand News. The drastic political changes prompted a large number of young professionals and middle-class families to emigrate to Britain, Canada, Taiwan, Australia and the United States, among other places.
Beijing and Hong Kong governments say the law helped bring back stability.
Hong Kong’s mini-constitution, the Basic Law, requires the city to enact a home-grown national security law.
In 2003, an attempt to pass a version of the law sparked a street protest that drew half a million people who feared the legislative efforts would erode the city’s freedoms. The legislation was shelved.
Then, in late January, a public consultation on the legislation resurfaced. Hong Kong leader John Lee said the legislation is needed to fulfill a long-overdue duty, and often referred to the 2019 protests to justify that need, saying it will keep Hong Kong safe against “potential sabotage” and “undercurrents that try to create troubles” — particularly lurking ideas about Hong Kong independence. Some foreign agents might still be active in Hong Kong, he added.
“This is a law to tell people not to attack us,” Lee said.
As proposed in the Safeguarding National Security Bill, the new law expands the government’s power to stamp out future challenges to its rule, punishing treason and insurrection with up to life imprisonment.
The law also includes stiff prison terms for other offenses, including up to 20 years for espionage and up to 10 years for the unlawful disclosure of state secrets. Some provisions allow criminal prosecutions for certain acts committed anywhere in the world.
Additionally, tougher penalties would be imposed on people convicted of working with foreign governments or organizations to commit certain offenses. For example, residents who damage public infrastructure with the intent to endanger national security could be jailed for 20 years — or life, if they collude with an external force to do so.
The law could curb disruptive protests like the one in 2019 when dissenters occupied the airport and vandalized railway stations.
Financial professionals who often deal with sensitive corporate information are worried about some provisions related to the protection of state secrets because they echo the broad definition of secrets used in mainland China, which covers economic, social and technological developments beyond traditional security fields.
While the offenses outlined in the new law pertain to acts conducted without lawful authority, there is anxiety that the law may create gray areas.
Some foreign business leaders said the cost of complying with the new law could result in investors directing their capital elsewhere. Investment decisions for Western businesses weigh on the balance between social stability and an open and legally predictable business environment, they said.
Journalists are concerned their reporting might also inadvertently lead to legal issues. A leading media professional group, Hong Kong Journalists Association, pointed to some provisions involving state secrets that do not require proof of intent to harm national security. Although the government added a public interest defense in the bill, the scope is more limited than what they had recommended, the association said.