Hong Kong’s Security Law to Expand Definition of State Secrets

Alan Wong
·3 min read
1

(Bloomberg) -- Hong Kong unveiled the first details of the city’s long-awaited domestic security law, including plans to expand the definition of state secrets and step up efforts to ward against foreign interference.

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Chief Executive John Lee, who has overseen a broad clampdown on dissent, said it was the city’s constitutional duty to enact the legislation, known as Article 23, at a press briefing on Tuesday. The public will now have until the end of February to comment on a 110-page consultation document, which was released on the government website.

“It’s been 26 years we’ve been waiting, we shouldn’t wait any longer,” Lee said, as he announced the process had begun for consultation on the new law. “Geopolitical tensions are rising,” he added, “and the threats are increasing.”

Under the city’s mini-constitution in place since 1997, the local government is required under Article 23 to enact its own national security legislation. Previous administrations repeatedly failed to do so in the face of fierce public opposition. Beijing imposed its own national security law on the city in 2020 in the wake of huge protests without consulting the public, wiping out that opposition.

The legislative proposal has nine chapters, which covers offenses including treason, sedition, theft of state secrets, digital acts to endanger national security, and foreign intervention.

State secrets, according to the document, should include information relating to the economic and social development of the city and China as well as major policy decisions and scientific technology. It also recommended introducing a new offense of “external interference” aimed at safeguarding national sovereignty, and cited similar laws in the UK and Canada as reference points.

The current definition of the term covering security and intelligence information is “not broad enough,” the proposal said.

The proposed legislation is likely to receive close scrutiny by the international community. The implementation of the China-drafted national security law provoked a harsh backlash by Western leaders, with the US imposing sanctions on a number of Hong Kong officials, including Lee — who was then the security chief.

The Communist Party’s greater control over the former British colony — also seen in the city’s harsh pandemic curbs — triggered an exodus of both foreign and local residents. Despite Hong Kong’s reopening, the economy is struggling to recover and the local stock market is in the doldrums. The benchmark Hang Seng Index slid 2% on Tuesday, taking its decline over the past 12 months to more than 30%.

Asked about the stock rout on Tuesday, Lee said any economic activities need to have a safe and stable environment.

“The legislation under Article 23 will help our business environment, and ensure Hong Kong has a safe and stable condition for anyone to freely carry out their economic activities,” Lee added. “Stock market volatility has many factors.”

Lee said the government will reach out to foreign consulates and business chambers on how the new legislation will promote stability and benefit the business environment. Last week, he said the government would form a team to counter any criticism of the legislation.

The chief executive said foreign agents and advocates of Hong Kong independence are still lurking in the city, and that unrest could grow at any time. He cited an increasingly complex geopolitical landscape and the work of US and UK intelligence forces.

The geopolitical situation has heightened urgency for Hong Kong to “repair its shortcomings as soon as possible,” Lee said.

(Updates with details throughout.)

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