HK LegCo passes landmark bill in 'historic moment' to tackle national security loopholes

Hong Kong lawmakers unanimously passed the highly anticipated bill mandated by Article 23 of the Basic Law of Hong Kong on Tuesday following marathon sessions during which all lawmakers expressed their strong support for the law, which was first proposed more than 20 years ago. It is expected to play a crucial role in addressing the city's national security loopholes, forming a solid national security shield with the National Security Law (NSL) for Hong Kong by preventing the US-led West's subversion, infiltration, incitement and espionage activities in the city.

The bill will be gazetted on Saturday and will take effect from then, John Lee, chief executive of the Hong Kong Special Administrative Region (HKSAR) said after the voting.

Today is a historic moment for Hong Kong, a historic moment when the sixth-term government of the HKSAR and the seventh LegCo finally accomplished their glorious mission together, and a proud moment when the HKSAR jointly writes a glorious history, Lee said, noting that the Safeguarding National Security Ordinance was passed in its third reading, effectively ensuring national security.

The law enables Hong Kong to effectively prevent, suppress and punish espionage activities, conspiracies and traps from foreign intelligence agencies, and infiltration and sabotage by hostile forces, Lee said.

We can effectively prevent "black-clad violence" and "color revolution." We can effectively prevent "Hong Kong independence" and violent destruction, he added.

The Legislative Council (LegCo) of the HKSAR resumed the second reading of the bill on Tuesday where 88 legislators spoke in turn, and all expressed support for the legislation.

The HKSAR government has been advancing the Article 23 legislation in an unprecedented way by launching a public consultation at the end of January which concluded on February 28. The draft bill of Safeguarding National Security Ordinance was gazetted on March 8, and the LegCo conducted the first and second readings the same day.

Since then, the LegCo convened the Bill Committee meeting, spending 44 hours over seven consecutive days to complete the review of 181 articles and 40 amendments. By Saturday, the government submitted amendments to the LegCo, and no member proposed further amendments to the government's revisions.

Ahead of the voting process in the second reading, Secretary for Security Chris Tang Ping-keung said the draft ordinance is the result of the collective efforts of all sectors of Hong Kong society and also represents the government's endeavor in advancing the Article 23 legislation.

"At a time when national security faces serious threats, it is imperative to complete the legislative work as quickly as possible, establish a comprehensive system and execution mechanism for maintaining national security, and not allow hostile forces to have the opportunity to obstruct and sabotage the legislative process," Lau Siu-kai, a consultant from the Chinese Association of Hong Kong and Macao Studies who is also a senior policy advisor, told the Global Times on Tuesday.

The Hong Kong and Macao Affairs Office of the State Council, the Commissioner's Office of China's Foreign Ministry in Hong Kong and the central government's liaison office in the city all voiced the support and congratulation on Tuesday on the passing of the Article 23 bill, which will further solidify the foundation for the city's development.

The Legislative Affairs Commission of the National People's Congress Standing Committee said on Tuesday the passing of the Article 23 bill is a significant move taken by the HKSAR to fulfill its constitutional responsibilities for maintaining national security. It is a tangible outcome of fully implementing the lawful duties of safeguarding national security, and it is worthy of full recognition.

Overwhelming support

Many government officials and members wore purple clothing and accessories, the theme color for Article 23, to show their support at the LegCo on Tuesday. Elementary school students were present in the public gallery of the LegCo chamber to observe and witness the historic moment of the Article 23 legislation.

Elizabeth Quat Pei-fan, who spoke at the second reading, told the Global Times on Tuesday that in her speech, she elaborated on how the social unrest in 2019 made everyone realize that the risk to national security has always been present, and foreign forces have long been plotting against Hong Kong.

"Hong Kong must legislate Article 23 as soon as possible, as protecting national security is our constitutional responsibility, to ensure the safety of life and property of every resident and their freedom from fear, and because only with security and stability can Hong Kong seek development," she said.

National security laws are not something that are unique to Hong Kong. They are a global standard, and a crucial element for any society that holds dear its peace and its people's safety, legislator Dominic Lee Tsz-king said during the second reading.

"That is why I find it so hypocritical when Western politicians like Chris Patten and David Cameron criticized our legislation while turning a blind eye to similar, more severe laws in their own country… And its ally, the US, even has more than 20 pieces of legislation that are related to National Security," he said.

Dominic Lee Tsz-king told the Global Times on Tuesday that overall atmosphere of the session was good as all the lawmakers expressed their support for the law.

The draft bill, titled Safeguarding National Security Ordinance, includes 91 amendments, covering the revision of the definition of "international organizations," the revision of the scope of public officials, amendments related to crimes involving state secrets and espionage activities and clarifies the meanings of "public infrastructure" and "public services" in the provisions concerning activities that endanger national security.

The amendments include revising the name and related articles of the crime of external interference, organizations involved in activities that endanger national security, law enforcement powers and other investigatory matters, fugitives of crimes that endanger national security, and the mechanisms for maintaining national security and related safeguards.

"Those revisions were mainly made in consideration of constructive suggestions proposed by members of the LegCo, resulting in appropriate modifications," Willy Fu, director of the Chinese Association of Hong Kong and Macao Studies and vice-president of the Hong Kong Basic Law Education Association, told the Global Times on Tuesday.

Regina Ip Lau Suk-yee, a lawmaker from the New People's Party believes that the original draft's definition of "international organizations" was not ideal. She said during the LegCo session that she appreciated that local authorities accepted suggestions to remove redundant wording, making the definition of "external force" more concise after the amendment.

Historic moment

Not only did some legislators tell the Global Times on Tuesday that they feel the honor of witnessing this historic moment, some experts said it is encouraging that this nearly "27-year overdue constitutional answer sheet" has finally entered its final step despite a continued smear and criticism campaign from the US-led West.

Hong Kong's Deputy Secretary for Justice Cheung Kwok-kwan is scheduled to attend the 55th regular session of the United Nations Human Rights Council this week, which, some experts said, will also be a major platform to clarify some misunderstandings about the legislation.

Those amendments aim to clarify certain concepts, such as the definitions of state secrets, external forces and incitement, and to allow, in some aspects, public interest to serve as a defense argument, alleviating some concerns of the media, academic and business communities, Lau noted.

"The main purpose of the law is to prevent the US and Western forces from engaging in subversion, infiltration, incitement and espionage activities in Hong Kong, building a shield for national security together with the NSL for Hong Kong," the expert said.