What’s behind Hong Kong’s new tough security laws?

Hong Kong’s Legislative Council has begun debating the draft of a new national security law for the Chinese territory after Chief Executive John Lee said it should be passed as soon as possible.

Discussions on the Safeguarding National Security Bill, as it is officially known, started last week. The draft bill, having 212 pages, was published online a few hours ahead of the session and included new laws on treason, espionage, external interference, state secrets and sedition.

People guilty of treason can face a life sentence

Those found guilty of treason could face sentences of up to life imprisonment, while those convicted of breaching state secrets or espionage could face 10 and 20 years respectively. Punishments relating to alleged collusion with foreign forces will also be increased, particularly if people are deemed to be working together rather than alone.

Penalties have also been increased for sedition, currently addressed under a colonial-era law, to between seven and ten years from two. And in contrast with the internationally accepted standard for sedition, the bill’s provisions say that people can be charged with the offence even without an element of violent intent.

Other provisions include allowing police to detain suspects for two weeks before charging them, compared with 48 hours currently, and giving police the ability to apply for permission to remove a defendant’s right to a lawyer while in pre-charge detention. The bill also allows the authorities to cancel the passports of runaway people.

Critics say the law was created to punish any slightest dissent

In a statement, Lee urged the passage of the bill at “full speed” to enable the territory to move forward.

Critics say the new law represents a clear, unequivocal move by Beijing to ensure the slightest dissent will not go unpunished in Hong Kong.

Previous administrations shied away from introducing Article 23 after 500,000 people took to the streets of the city in 2003 after the government of then Chief Executive Tung Chee-hwa tried to bring in the legislation. But the latest draft is being considered in a vastly changed political environment.

China tries to end the political freedoms of the teritorry

Hong Kong is currently under the jurisdiction of a national security law drafted by China, which was implemented in June 2020 following widespread protests in the previous year advocating for increased democracy. This Beijing-drafted law, with its broad language, bypassed the local legislature and established severe penalties, including life imprisonment, for acts perceived as secession, subversion, “terrorism,” and collusion with foreign forces.

While authorities assert that the law is necessary for restoring stability, critics argue that it has significantly eroded the long-standing freedoms of the territory, promised to be respected by Beijing for at least 50 years after the 1997 sovereignty transfer of Hong Kong. The repercussions include numerous arrests, the closure of media and civil society groups, and the exile of many pro-democracy politicians.

Hong Kong’s legislature has no opposition

Since 2019, the legislature has undergone an overhaul, with pro-Beijing candidates prevailing after changes to electoral rules reduced the number of directly elected seats and allowed only those considered loyal to China to contest. As a result, the legislature lacks opposition members.

The bill is under consideration shortly after the conclusion of a month-long public consultation process on the matter.

The government said it received some 13,147 submissions and that 98.6% “indicated support for the legislation and made positive comments”.  It also held consultations with select groups involving about 3,000 people.

Hong Kong has a population of more than seven million people.