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Business groups in Hong Kong say emphasis should now shift from security to rebuilding economy after Article 23 law gets on the statute books

Business groups in Hong Kong have echoed lawmakers' calls to leave politics behind and move forward to rebuild the economy after the historic passage of the city's domestic national security legislation on Tuesday.

Chambers of commerce also urged the government to provide further clarity by continuing to engage with the business community and create a one-stop shop to handle any remaining questions about both the new legislation and the existing national security law.

The new Safeguarding National Security Ordinance will come into force on Saturday after the Legislative Council passed the bill following less than two weeks of deliberation to fast track a constitutional requirement that had been put on hold for more than two decades.

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Johannes Hack, president of the German Chamber of Commerce in Hong Kong, said the city should shift its focus away from security with the new law in place.

"We hope that Hong Kong can now focus on those qualities that have traditionally contributed so much to its success: its openness; its straightforward legal regime and ease of doing business; and its connector function between East and West," he said.

Some chambers of commerce in the city had previously voiced concerns about the broad definitions of the terms "external forces" and "state secrets" outlined in the consultation document which ended up being largely been retained in the final bill presented to Legco.

The passage of the bill, 26 years after Hong Kong's return to Chinese sovereignty, was greeted with an outpouring of support from local business groups, including the Real Estate Developers Association of Hong Kong which said the sector could now focus on the city's economic development.

The Hong Kong General Chamber of Commerce (HKGCC) and the Chinese General Chamber of Commerce appealed to authorities to continue their engagement work to deepen public understanding of the new legislation.

"HKGCC appreciates the government's efforts to proactively address concerns raised by various stakeholders and incorporate many comments from the consultation period into the gazetted bill," the local chamber said.

"The chamber hopes the government will continue to clarify any misinterpretation or misconceptions about the legislation."

Tony Ho, director of the Indonesian Chamber of Commerce in Hong Kong, advised the government to set up a "consultation centre" to deal with any questions among the business community over legal risks concerning "some grey areas" of the two sets of national security laws.

"It is believed that this arrangement can greatly reduce doubts, increase transparency and enhance the confidence of citizens and the foreign business community in the national security [laws]," he said.

The government had earlier rejected a lawmaker's suggestion at a bills committee meeting to create an official agency to handle inquiries about state secrets.

Security minister Chris Tang Ping-keung had explained then that an offence would only be determined when disclosure of material was made without lawful authority and likely to endanger national security.

Our Hong Kong Foundation, a think tank founded by the city's first chief executive, Tung Chee-hwa, said the new ordinance would protect the operation of local and foreign companies and also allow the city to focus on developing its economy.

Paul Tse Wai-chun, the last lawmaker to speak during the second reading of the bill, said he remained curious as to why the central government had the new law passed at such an "unprecedented" pace, but he welcomed the opportunity for the city to move on.

"I hope that after this legislation is enacted, we can leave behind many things," he said, referring to the city's past political turmoil that included the "Occupy Central" movement of 2014 and the anti-government protest chaos of 2019.

Legal academic Simon Young Ngai-man of the University of Hong Kong highlighted that fewer comments from lawmakers were directed at making the new legislation less restrictive, and said it was "regrettable" that experts from the legal community were not invited to offer input at any of the bills committee meetings.

But former Law Society president Ambrose Lam San-keung expressed confidence in the precise nature of the legislation, saying it would bolster the economy and provided investors with enhanced protections.

One "yellow" local enterprise, identified by the signature colour of the 2019 protest movement, called it a day when the second reading of the bill was still under way. Cannis Chan Sheung-yan, owner of online clothing store Ying Seui Mi which supported the protesters, said she was shutting it down in response to the imminent passage of the new law.

Chan was jailed last year for "conspiracy to do an act or acts with seditious intent", along with two others, for selling a photobook containing seditious statements and images about the 2019 social unrest at a pop-up market in Mong Kok.

"In such an environment, Hong Kong is not accepting any opposition voices," Chan said. "We can only mute ourselves for safety reasons. It is hard to accept, but we have no choice."

The sedition offence has been refreshed in the new law, which now clearly rules that an act can be seditious even without inciting violence. The Hong Kong Bar Association had suggested the sedition offence would be adequate by restricting the scope of incitement to violence.

A group of 75 foreign parliamentarians and public figures from jurisdictions including the US, Canada, the UK, the EU and South Korea issued a joint statement expressing "grave concern" over the passage of the legislation.

Hong Kong and Beijing authorities have repeatedly stressed that restrictions on individuals rights and freedoms under the new law were aligned with international standards, and law-abiding citizens would have nothing to fear.

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

Copyright (c) 2024. South China Morning Post Publishers Ltd. All rights reserved.

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