Hong Kong Introduces Draft of New National Security Law, Sparking International Concerns

Council members convened in the Legislative Council Complex to discuss the draft. (Wikimedia Commons)

Hong Kong’s Legislative Council introduced and began holding initial readings of the draft of a new national security law, known as the Safeguarding National Security Bill, on March 8, 2024. Legislative Council President Andrew Leung Kwan-yuen remarked that both “the Government and [the council] must make every effort to complete the legislative process as soon as possible,” suggesting aims to swiftly pass the law within this year. 

The bill marks the second attempt at enacting Article 23 of the Basic Law, after an initial effort in 2003 failed due to major public opposition and protests. Article 23 requires Hong Kong to implement legislation addressing possible endangerments to national security, such as treason or sedition against the Central People’s Government in Beijing. Accordingly, the new bill’s preamble describes the goals of the legislature as both upholding Hong Kong’s constitutional duty as well as improving on national security measures. These objectives are in line with a number of laws, including the Hong Kong national security law (HKNSL) that was passed by Beijing in 2020. 

Officials in Hong Kong and China say that the law resembles legislation that has been passed in western countries. However, international and local legal experts express concern over the severe sentences and ambiguous clauses of the bill, alarmed that they will lead to even further repression of Hong Kong’s civil society. The draft, for instance, includes maximum sentences of life in prison for certain offenses and introduces elements that go against Hong Kong’s typical judicial proceedings, such as allowing people to be detained for “up to 14 days” and requiring a “closed court for national security cases.” Experts continue to keep a close eye on the proceedings of the bill.