Second Reading of Government Bil: Safeguarding National Security Bill
President, with the promulgation and implementation of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (“HK National Security Law”) in 2020, the anti-China and destabilizing forces have generally shown signs of subsiding but this does not mean that we can hence be worry-free, for the HKSAR has not yet fulfilled its constitutional duty. The HK National Security Law only covers the offences of secession and subversion, and there are still five offences listed in Article 23 of the Basic Law which are not covered. The national security legal system still needs to be further improved to prevent undercurrents.
The Government has held nearly 30 public consultation sessions on the legislation, bringing together elites from different professions, members of the local communities, political parties and relevant organizations as well as Consuls-General. This shows that the coverage of the consultation on the legislation is extensive and comprehensive. Over 500 organizations have expressed their support for the enactment of legislation through open statements, bylined articles, joint letters, and so on. This shows that there are strong voices of support for the legislation from all sectors of the community and underlines the fact that there is a broad consensus in support of the legislation in Hong Kong society.
In order to achieve the goal of completing the legislation as soon as possible, officials of the Department of Justice and the Security Bureau as well as Honourable colleagues of the Bills Committee of this Council have been working overtime and attending extra meetings over the past few days to carefully and seriously carry out marathon clause-by-clause examination at full speed, without which it would not have been possible for the Second Reading debate of the Bill to resume and the Third Reading vote on the Bill to be taken today. Here, I express my gratitude and pay my highest tribute to them.
Although I am not a member of the Bills Committee, I have read the Bill and the relevant documents carefully. I have noted that Article 5 of the HK National Security Law clearly stipulates the important principles of the rule of law that the HKSAR should adhere to in safeguarding national security, and these principles of the rule of law are also upheld in this Bill, including that of conviction and punishment in accordance with the law; presumption of innocence; prohibition of double jeopardy; and protection of the right to defend oneself and other rights in judicial proceedings that a criminal suspect, defendant and other parties in judicial proceedings are entitled to under the law. This shows that the Bill attaches great importance to the common law and the principles of the rule of law, and strikes a good balance between safeguarding national security and protecting rights and freedoms.
However, during this legislative exercise, politicians in the United States and the West have still kept spreading untrue information in an attempt to smear and demonize the Bill in order to threaten the public that they may unwittingly fall foul of the law. The fact is that a vast majority of the offences in the Bill, such as treason, insurrection and espionage, are not directly related to the general public at all, and the penalties stipulated in the legislation are comparable to or even lower than the relevant penalties in foreign countries.
As for the offences in connection with state secrets and the offence of external interference, such offences require, among other conditions to be satisfied, proof of intent to bring about an interference effect and the use of improper means. The threshold for conviction is very high, and there are different exemption clauses. Law enforcement powers, including the detention period and restrictions on the right to consult lawyers, have not been unduly extended. The legislation only targets a very small number of organizations and individuals who endanger national security, and law-abiding members of the public need not worry about inadvertent breaches of the law.
President, that Hong Kong has been able to develop into an international financial centre is attributed to the fact that it has long enjoyed a safe, stable and harmonious social and business environment, where international investors can feel at ease and reassured in trading and raising capital. The disturbances arising from the proposed legislative amendments that happened in 2019 have in one way or other shaken the confidence of foreign investors. But fortunately, with the timely enactment of the HK National Security Law by the Central Authorities, the situation has stabilized and investors’ confidence has been restored. Many foreign investors or senior corporate executives have told me that their own countries also have corresponding national security laws, and the enactment of legislation on Article 23 is sensible and reasonable and hence will not affect their investment desire. With the business and investment environment in Hong Kong becoming more stable, they will have greater confidence in setting up their businesses and homes in Hong Kong.
However, in view of the complexity and voluminous provisions of the Bill, it may not be easy for people without a legal background to understand it. After the passage of the Bill, the Government must properly carry out publicity and explanatory work to make the public understand that they will not be deprived of the freedoms that they have always enjoyed in the past as a result of the enactment of the ordinance; that the lawful activities that they were allowed to carry out in the past will not be prohibited as a result of the passage of the Bill; and that the lives and business operations of law-abiding citizens and enterprises will not be adversely affected as a result of the ordinance coming into effect.
President, I support the passage of the Safeguarding National Security Bill and all the amendments proposed by the Government. I so submit.