'Historic moment': Hong Kong passes domestic national security law after marathon session, fast-tracking legislation shelved for 2 decades

Lawmakers unanimously passed Hong Kong's domestic national security law on Tuesday night at the end of a marathon session, fast-tracking the constitutionally mandated legislation which had been shelved for more than two decades because of initial public opposition.

There was no hint of dissent in the Legislative Council this time as all 88 members took turns over 10 hours to speak of their "historic mission" to plug loopholes in the city's overall legal framework for protecting national security, and the Legco president himself cast the 89th vote to seal the deal.

"Today marks a historic moment for Hong Kong. It is a historic moment that Hong Kong has been waiting for 26 years, 8 months and 19 days ... It is a proud moment for all of Hong Kong in collectively making glorious history," Chief Executive John Lee Ka-chiu said as he entered the chamber to personally congratulate legislators and announce that the new law would take effect on Saturday.

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"We have accomplished this historic mission, living up to the trust placed in us by the central government and the country."

Beijing's Hong Kong and Macau Affairs Office hailed the passage of the law, saying: "It has once again proved that the wheel of history is rolling forward, the righteous cause is undefeatable, and no reactionary force can stop the 'one country, two systems' [governing principle for Hong Kong] from advancing."

It also emphasised that the law would not affect the city's normal business activities and international exchanges.

The scope of the legislation was clear and only focused on activities that endangered national security. It fully considered the need for Hong Kong to operate as an international financial, shipping and trade centre, ensuring that the implementation of the law did not affect the normal development of business consultations, market research and other activities, and the free flow of information, the office said.

Beijing's liaison office in the city added: "Hong Kong can now move forward without worries or burden, and focus on developing the economy and improving people's livelihoods."

The Legislative Affairs Commission of the National People's Congress (NPC), the country's legislature, also weighed in. It noted that all laws enacted by Hong Kong must be reported to the NPC Standing Committee, the nation's top legislative body, for recording and reviewing under the power granted by the Chinese constitution and the Basic Law, the city's mini-constitution.

Legislators approved 91 amendments to the bill, which is a constitutional requirement under Article 23 of the Basic Law and supplements the national security law imposed on the city by Beijing to end the anti-government protest chaos of 2019.

The new Safeguarding National Security Ordinance covers 39 offences divided into five categories: treason; insurrection, incitement to mutiny and disaffection, and acts with seditious intention; sabotage; external interference; and theft of state secrets and espionage.

The crimes of treason, insurrection, inciting members of the Chinese armed forces to mutiny, and colluding with external forces to damage public infrastructure are punishable by up to life imprisonment. Collusion charges can also apply to offenders based outside Hong Kong.

In a reference to attacks on Hong Kong by China's critics amid geopolitical tensions with the United States in particular, Lee said the new law was defensive in nature and would equip the city with a "stronger door and effective lock" to protect against "invaders".

"[The legislation] is needed to guard against people who invade our home," he said, also drawing reference to the street violence and vandalism during the 2019 protests. "We need to have such tools which are effective in guarding against 'black violence' and colour revolutions ... we no longer need to worry about people destroying public infrastructure under the new law."

Secretary for Security Chris Tang Ping-keung, the government's point man to draft and push the legislation through, likened it to welcoming his "newborn baby" into the world.

"I have very mixed emotions. I am of course excited to see my child - Article 23 - coming into the world soon, but I am also a little bit emotional, as the bill has gone through so many trials and tribulations and miscarriages," he said as he thanked his team and lawmakers for "completing such an extremely difficult task" in a timely manner.

"The city must be wary of hostile forces which continue to maliciously attack and discredit the new law," justice secretary Paul Lam Ting-kwok said, while acknowledging lingering public concerns and pledging to make an effort to clarify any further doubts.

It was an extra- significant moment for veteran lawmaker and top government adviser Regina Ip Lau Suk-yee, who was thwarted by strong public opposition when she tried to push through an earlier version of the bill back in 2003 as security chief.

Ip was quick to dismiss the threat of Western sanctions against Hong Kong, with China's critics seeking to punish the city over what they claim will be an erosion of freedoms under the new law.

"People who take actions against us or downgrade us or threaten sanctions against us, they will regret it, and we are not daunted by these threats," she said.

Lawmaker Martin Liao Cheung-kong, who chaired the bills committee, took a similarly defiant tone, saying: "We only do the right thing and this is the right thing to do. Whatever will come will come."

Experts who talked to the Post have predicted punitive measures by the US and its allies which could risk sabotaging Hong Kong's economic recovery and international standing as a financial hub.

Authorities took only 50 days from the launch of a public consultation exercise for the bill to writing it into law, including 10 hours to complete the second and third readings on Tuesday by a legislature stripped of any opposition under a new system allowing only those deemed "patriots" to occupy public office.

The usual six-month period for such matters was reduced because of a sense of urgency underscored by Hong Kong and Beijing authorities.

Chief Executive Lee said speed was of the essence as national security threats could catch Hong Kong off guard in light of the 2019 unrest and current geopolitical complications.

"In reality, different countries and places will also speedily pass laws to deal with their own national security risks," he said, citing the USA Patriot Act of 2001 that took only a day each to pass through both houses of Congress.

"After the September 11 attacks, the American government submitted a draft bill just 21 days later to safeguard their national security - our Article 23 legislation in Hong Kong took 26 years."

Lawmakers declared their full and uncompromising support for the bill as they addressed the legislature one by one.

Seven of them made it a point to speak in English rather than the usual Cantonese, mindful of international attention on the day's proceedings.

Starry Lee Wai-king, the city's sole delegate to China's top legislative body, pointed to the importance placed by various Western governments on their own national security laws.

Others dismissed possible concerns among the international business community, noting that foreign chambers of commerce in the city had expressed their support for the bill and underscoring how overseas companies were already used to operating under similar laws.

Many chambers of commerce, business groups and others issued statements soon after the bill was passed, including the Real Estate Developers Association which said it would help create a stable and safe business environment.

Brothers Peter Lee Ka-kit and Martin Lee Ka-shing of Henderson Land were among the first tycoons to welcome the passage of the law. All sectors could now focus on economic development and work together to build a prosperous and stable society, they said.

The Hong Kong Bar Association (HKBA) said it supported the government in fulfilling its constitutional duty to enact the law by expressing its views during the consultation period.

"The HKBA has no doubt that all members of the legal community will continue to faithfully play their part in serving Hong Kong," added the body, which represents barristers in Hong Kong.

The Law Society of Hong Kong said it supported the passing of the law. The society, which represents the city's solicitors, said it firmly believed that with Hong Kong's robust rule of law and independent judicial system, an appropriate balance could be struck between safeguarding national security and upholding fundamental human rights in the implementation of the legislation.

But UN High Commissioner for Human Rights Volker Turk criticised the fast-tracking of the legislation. He said the "broadly defined and vague provisions" in the legislation could lead to the criminalisation of a wide range of conduct protected under international human rights law.

"This ambiguity is deeply troubling, given its potential misuse and arbitrary application, including to target dissenting voices, journalists, researchers, civil society actors and human rights defenders," he said.

This article originally appeared on the South China Morning Post (SCMP).

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