Life in jail for treason under new Hong Kong security law

Hong Kong is set to pass its own version of a Beijing-imposed national security law which has raised fears civil liberties will be further eroded.

A full draft of Article 23, which covers treason, sedition and state secrets, was tabled on Friday.

The city’s leader John Lee called for it to be passed “at full speed”.

Beijing and Hong Kong both credit the security law with helping to restore stability in the city after widespread pro-democracy protests in 2019.

It is believed that more than 100 people have been arrested under the 2020 Beijing-imposed law which made it easier to prosecute protesters and reduced the city’s autonomy.

Mr Lee said a local version of the law was necessary to guard against “potential sabotage and undercurrents that try to create troubles” particularly ““ideas of an independent Hong Kong”.

With a legislature dominated by the pro-Beijing camp, the bill is widely expected to be passed with little opposition – some reports suggest this could happen as soon as early April, while the Hong Kong Democracy Council said it “can pass practically within 24 hours”.

The first two readings of the bill concluded by early afternoon on Friday.

The law was tabled a week after the end of a month-long consultation period – this is shorter than a three-month consultation provided in 2003, when an attempt to legislate the bill was shelved after massive protests.

Back then, half a million Hongkongers came out onto the streets in protest, with more than 90,000 submissions made during the consultation process.

Not only did then-chief executive Tung Chee-hwa’s administration withdraw the legislation, the strong opposition also saw the resignation of security minister Regina Ip.

The government claims this second attempt to introduce the law saw a 99% support rate during its public consultation.

On Friday, China’s Vice Premier Ding Xuexiang said swift enactment of the law would protect “core national interests” and allow Hong Kong to focus on economic development.

The 2024 version of Article 23 allows for closed-door trials and gives the police rights to detain suspects for up to two weeks without charge.

The city’s leader will also be given authority to ban organisations and companies from operating in Hong Kong, should they be found “working for foreign forces”.

The draft bill expands on the Beijing-imposed national security law, which already criminalises secession, subversion, terrorism and collusion with foreign forces. Here are some of the new offences it covers.

Those found guilty of treason, insurrection, inciting a member of the Chinese army to mutiny, or colluding with an external force to damage or weaken public infrastructure could be sentenced to life imprisonment.

Once passed, Article 23 will be enshrined in a document called the Basic Law, Hong Kong’s mini constitution which sets out the structure of governance for the territory.

Hong Kong officials have justified Article 23 by saying that most offences outlined in the legislation are also covered under similar laws in Western jurisdictions.

However, critics say the new law will give authorities yet another tool to crack down on dissidents and erode freedoms promised to the former British colony when it returned to Chinese rule in 1997.

Article 23 will “take repression to the next level”, said Amnesty International’s China Director Sarah Brooks. “The rapid progression of legislation under Article 23 shows the government’s eagerness to further dismantle human rights protection and turn its back on its international obligations,” she said.

The political motivation behind this new bill appears to be “more important than any practical need”, said Eric Lai, research fellow at the Georgetown Center for Asian Law.

“The current Beijing-imposed national security law has already silenced dissent and the voices of civil society. Hong Kong has also not seen any large-scale demonstrations in the past three-and-a-half years,” he told BBC Chinese.

Mr Lai also questioned if due process could be upheld when lawmakers are asked to scrutinise a bill so quickly.

“How authorities have tried to speed up the consultation and legislation has created an impression that the consultation exercise was conducted purely for the sake of formality,” he said.

Former lawmaker Emily Lau believes the new law is “all part of Beijing’s policy towards Hong Kong”.

“The [Chinese] central government really does not need to be so heavy-handed in dealing with Hong Kong. We are a small city, who are we to jeopardise national security,” she said.

Liu, who once chaired Hong Kong’s Democratic Party, added that the previous attempt to legislate Article 23 drew passionate discussion and debate which was “allowed by the government”.

“This time, I can’t quite see it, it’s a totally different atmosphere. Hong Kong then and now are like two worlds,” she said.

Additional reporting by BBC Chinese