Hong Kong's National Security Law: Not A Balancing Act Between Security And Liberty

As Hong Kong is poised to enact a new national security law, concerns are rippling through the international legal community. The legislation is seen as a deviation from the promised civil liberties in the "one country, two systems" framework established when Hong Kong returned to Chinese rule in 1997.

Amid fears of broad surveillance and censorship resembling mainland China, businesses are worried about the impact on economic data handling, and journalists fear curtailment of press freedom. The proposed criminalization of unlawfully disclosing state secrets, with a definition echoing mainland China's, adds to the unease.

Hong Kong's New National Security Law

The proposed national security law builds upon Beijing's 2020 National Security Law, which led to the arrest of activists and closure of media outlets.

1. It provides that national security standards should be uniform throughout the country to prevent a recurrence of the 2019 protests, which posed a threat to national security.

What is the concern? The proposed law extends mainland China's national security laws to Hong Kong, significantly impacting human rights and repressing civic freedoms. Amnesty International warns of steeper penalties under Article 23.

2. It extends the detention period without charge is necessary to gather evidence in complex national security cases, similar to practices in other countries.

What is the concern? Existing laws allow for longer detentions in serious cases, and further restrictions on access to a lawyer could harm due process rights, resembling mainland China's practices.

3. It intends to punish collaboration with outside forces that interfere in Hong Kong's affairs; legitimate international exchanges will not be affected.

What is the concern? It raises concerns over the lack of clear definitions, potentially limiting Hong Kongers' associations with overseas groups or individuals who criticize government policies.

The month-long public consultation period, which concluded on February 28, has prompted widespread concerns. The draft bill is expected to be announced in March or April and passed by mid-year.