LegCo to first read draft national security ordinance on March 8

In a statement, Hong Kong Chief Executive said that both the government and the legislature have the responsibility to expeditiously complete the legislation of Article 23 of the Basic Law, which requires the SAR to enact laws to prohibit seven types of crimes endangering national security.

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File photo of the Hong Kong skyline. PHOTO: UNSPLASH

March 8, 2024

HONG KONG – Hong Kong’s Legislative Council is scheduled to hold the first and second reading of a draft national security ordinance on Friday, after the government gazettes the draft bill and submits it for lawmakers’ deliberations.

The Hong Kong Special Administrative Region government announced the decision on Thursday following a special meeting of the Executive Council.

In a statement, Hong Kong Chief Executive John Lee Ka-chiu said that both the government and the legislature have the responsibility to expeditiously complete the legislation of Article 23 of the Basic Law, which requires the SAR to enact laws to prohibit seven types of crimes endangering national security.

He suggested the legislature expedite the deliberation and the legislative procedures to allow the city to effectively safeguard national security, and fully focus on economic development and improving the livelihood of its residents.

The legislature’s Bills Committee on Safeguarding National Security Bill will hold two additional meetings at 2:30 and 4:40 pm, its official website shows.

The government statement said that the Security Bureau and the Department of Justice have been working around the clock to draft the proposed Safeguarding National Security Ordinance.

The statement said the legislation is not only a constitutional responsibility but also a pressing necessity for the city. The sooner the city completes the legislation, the sooner it will stop being exposed to national security risks, it added.

The government cited the social unrest in 2019 and the resulting suffering as examples of severe national security threats faced by Hong Kong.

Given the complex and ever-changing geopolitical situation, the national security risks persist in various forms, so the SAR must plug the loophole of national security as soon as possible, the statement noted.

According to a document submitted to the legislature on Wednesday, the government is considering eight suggestions received during the monthlong public consultation.

They include a higher penalty for foreign collusion that endangers national security, introducing a defense of public interest in theft of State secret offenses, tightening the threshold for early prisoner release, and ways to combat absconding.

At a separate LegCo panel meeting on Thursday, Secretary for Justice Paul Lam Ting-kwok clarified the public interest defense has a high threshold and is only applicable in exceptional cases. He added that claims of serving the public interest cannot be based solely on subjective feelings.

Lam also addressed concerns regarding normal activities with foreign organizations, saying such activities, including receiving funding, will not constitute a violation of the national security ordinance, unless such activities are conducted with the knowledge that an organization is an intelligence agency.

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