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Safeguarding National Security Ordinance: Difference between revisions

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The '''Safeguarding National Security Ordinance''' ({{Lang-zh|t=維護國家安全條例}})<ref>{{Cite web |title=Address by CE to LegCo on passage of Safeguarding National Security Bill |url=https://www.info.gov.hk/gia/general/202403/19/P2024031900717.htm |access-date=2024-03-19 |website=www.info.gov.hk}}</ref> is a not-yet-in-force local law of Hong Kong. It was introduced by the [[Government of Hong Kong]] on 8 March 2024, passed by the [[Legislative Council of Hong Kong|Legislative Council]] on 19 March 2024, and will take effect on 23 March 2024. The ordinance was made under [[Hong Kong Basic Law Article 23|Article 23]] of the [[Hong Kong Basic Law]].<ref>{{Cite web |date=2024-03-08 |title=As it happened: Hong Kong Article 23 bill readings advance in Legco, with lawmakers set for marathon meetings over weekend to push forward legislation |url=https://www.scmp.com/news/hong-kong/politics/article/3254580/hong-kong-tables-proposed-article-23-national-security-legislation-stiff-penalties-sedition |url-status=live |archive-url=https://web.archive.org/web/20240309021234/https://www.scmp.com/news/hong-kong/politics/article/3254580/hong-kong-tables-proposed-article-23-national-security-legislation-stiff-penalties-sedition |archive-date=2024-03-09 |access-date=2024-03-09 |website=[[South China Morning Post]]}}</ref><ref>{{Cite web |date=2024-01-30 |title=Public consultation on Basic Law Article 23 legislation commences |url=https://www.info.gov.hk/gia/general/202401/30/P2024013000296.htm |url-status=live |archive-url=https://web.archive.org/web/20240301000547/https://www.info.gov.hk/gia/general/202401/30/P2024013000296.htm |archive-date=2024-03-01 |access-date=2024-03-09 |website=The Government of the Hong Kong Special Administrative Region}}</ref>
 
On national security grounds, the ordianceordinance gives new powers to the government to investigate "external interference", theft of state secrets, insurrection, and treason, with penalties up to life imprisonment for those found guilty of certain crimes specified by the law.<ref name="nyt" /> InsteadIt ofis the usualsecond six-monthsecurity period,law the authorities took 50 days fromin the launch of a public consultation to writing it into law, due to a sense of urgency underscored by Hong Kong and Beijing authoritiescity. Foreign media and government expressed concern of the "sweeping" and "tough" security lawclauses, thewhich secondsome inconsidered theto citybe aftermore far-reaching than and go beyond the Chinese-imposed legislationone, that could further crush dissidents and erode autonomy of Hong Kong.
 
Instead of the usual six-month period, the authorities took 50 days from the launch of a public consultation to writing it into law, due to a sense of urgency underscored by Hong Kong and Beijing authorities. Critics said the bill was rushed through in a fast-track process without meaningful discussions.
 
== Background ==
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On 5 March the Legislative Council announced a joint meeting of the Article 23 subcommittee and two panels would be held tomorrow, prompting MPs who were attending the annual [[Two Sessions]] congress meeting in Beijing to rush back to Hong Kong, while John Lee also ended his Beijing trip a day earlier than expected. Sources quoted by the media said the "unusual" arrangement was made as the government intended to enact the legislation by National Security Education Day on 15 April.<ref>{{Cite web |last=Standard |first=The |title=Finish line nears for Article 23 legislation |url=https://www.thestandard.com.hk/section-news/section/11/260956/Finish-line-nears-for-Article-23-legislation |access-date=2024-03-15 |website=The Standard |language=en}}</ref>
 
The officials presented the result of the consultation in the joint meeting, highlighting that the legislation received widespread support. Some comments presented in the consultation document suggested a ban on social media including Facebook, YouTube, Telegram and Signal from operating in Hong Kong, which were said to be hotbeds of crime for dissemination of seditious information.<ref>{{Cite web |last=Tse |first=Hans |title=‘No intention of banning social media,’ Hong Kong officials say |url=https://hongkongfp.com/2024/03/06/no-intention-of-banning-social-media-hong-kong-officials-say-as-public-suggestions-presented-to-legislature/ |access-date=2024-03-11 |website=hongkongfp.com |language=en-GB}}</ref> Paul Lam, Secretary for Justice, clarified the authorities had no plan to prohibit the social media platforms, after a [[Bloomberg News|Bloomberg]] report stated "HK says Telegram [and Signal] should be prohibited in Article 23 proposal". Hong Kong authorities condemned the report which generated "misunderstanding and panic" about Article 23 legislation.<ref>{{Cite web |last=Tse |first=Hans |date=2024-03-06 |title=‘No intention of banning social media,’ Hong Kong officials say |url=http://hongkongfp.com/2024/03/06/no-intention-of-banning-social-media-hong-kong-officials-say-as-public-suggestions-presented-to-legislature/ |access-date=2024-03-11 |website=Hong Kong Free Press HKFP |language=en-GB}}</ref> Bloomberg later admitted error and retracted the news article.<ref>{{Cite web |last=Tse |first=Hans |date=2024-03-07 |title=Bloomberg admits error as HK slams ‘false reports’ of social media ban |url=http://hongkongfp.com/2024/03/07/bloomberg-admits-error-as-hong-kong-govt-slams-false-reports-of-social-media-ban-in-new-security-law/ |access-date=2024-03-11 |website=Hong Kong Free Press HKFP |language=en-GB}}</ref><ref>{{Cite news |date=2024-03-06 |title=Hong Kong Consultation on Security Law Cited Communication Apps |url=https://www.bloomberg.com/news/articles/2024-03-06/hong-kong-consultation-on-security-law-cited-communication-apps |access-date=2024-03-11 |work=Bloomberg.com |language=en}}</ref>
 
== Content ==
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Hong Kong residents who is a Chinese citizens, Hong Kong permanent resident, or organisations formed or registered or has business in Hong Kong could be charged for: Treason; Unlawful drilling; Insurrection; Inciting mutiny; External interference; Participating in or supporting or accepting advantages offered by external intelligence organizations.<ref name=":6" /><sup>s.14,16,55</sup>
 
The US raised concerns that the law can be applied extraterritorially to "intimidate" and restrict the free speech of US residents, while undermine China's international commitments and the One Country, Two Systems framework.<ref>{{Cite web |last=Ho |first=Kelly |date=2024-02-29 |title=HK's new security law may limit free speech, foreign groups warn |url=http://hongkongfp.com/2024/02/29/hong-kongs-broad-homegrown-security-law-may-curtail-free-speech-and-press-freedom-foreign-govts-and-groups-say/ |access-date=2024-03-21 |website=Hong Kong Free Press HKFP |language=en-GB}}</ref> Hong Kong government said it "strongly disapproved" the concerns, and the "proportionate" extraterritorial effect was fully in line with international common practice, or else it would amount to condoning activities threatening national security.<ref>{{Cite web |last=Ho |first=Kelly |date=2024-03-01 |title=US 'smears' on extraterritorial effect of Hong Kong security law 'untenable' |url=http://hongkongfp.com/2024/03/01/us-smears-on-extraterritorial-effect-of-citys-domestic-security-law-untenable-hong-kong-govt-says/ |access-date=2024-03-21 |website=Hong Kong Free Press HKFP |language=en-GB}}</ref>
 
== Debate ==
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