Absconders likely to be first target as Hong Kong's Article 23 domestic national security law takes effect

Absconders are likely to be the first target of Hong Kong's new domestic national security law that came into force at midnight on Saturday, with sanctions among penalties they will face under its subsidiary legislation, key ministers behind the enactment told the Post.

But they vowed that the government would not use the power to create ancillary legislation as a back door to draft new offences under the ordinance and pledged to maintain the city's "excellent" freedom of speech.

Chief Executive John Lee Ka-chiu signed the bill for the Safeguarding National Security Ordinance on Friday, nearly 27 years after the city's return to Chinese rule and finally enacting the constitutionally mandated legislation that spanned a sea change in the political landscape of Hong Kong.

Do you have questions about the biggest topics and trends from around the world? Get the answers with SCMP Knowledge, our new platform of curated content with explainers, FAQs, analyses and infographics brought to you by our award-winning team.

"From tomorrow on, the national security of the ... [city] will be more effectively safeguarded, allowing Hong Kong to move forward without worries or burden," Lee said.

The legislation introduced new offences and updated others to supplement those set out in the national security law Beijing imposed in 2020 following often violent protests that had wracked the city the year before.

In an interview with the Post on Friday, justice minister Paul Lam Ting-kwok and security chief Chris Tang Ping-keung once again sought to assuage the public's concerns over the new law. They addressed questions ranging from the possible frequency of subsidiary legislation to uncertainty over what counted as a seditious offence to whether keeping old copies of newspapers was illegal.

Apart from ironing out 39 crimes spanning the offences of treason, insurrection, sedition, theft of state secrets and external interference, the new law empowers the security secretary to designate a suspect charged with endangering national security as a "relevant absconder" if the person has not been brought before a magistrate.

Tang reiterated that "it would be best to not use the ordinance" but said he might soon invoke a new power and designate "relevant absconders".

"Many people have an anticipation that since there are now so many people on the run, should some action be taken against these absconders first?" he said. "I believe such an anticipation is very reasonable."

The scope of sanctions will be specific to each absconder and the individuals could have their Hong Kong passports cancelled or lose all licences and professional qualifications granted under the law. Third parties could be barred from having business dealings with them.

WATCH: John Lee signs the Safeguarding National Security Ordinance into law. In the clip, he describes it as "a historic moment" and says the law will allow Hong Kong to focus on economic development.

Tang declined to suggest who would be targeted or what sanctions would apply. The current list of wanted people maintained by national security police consists of 13 opposition activists and figures, including former lawmakers Nathan Law Kwun-chung and Dennis Kwok Wing-hang.

The bill was cleared by the Legislative Council on Tuesday after 12 days of vetting. As part of the amendment package submitted to lawmakers, the city's leader was given the power to make subsidiary legislation "for the need of safeguarding national security" through negative vetting. Legislators scrutinise such laws after they are passed.

Lam said subsidiary legislation might be drafted to provide details for imposing sanctions targeting absconders, such as spelling out procedures for third parties to apply for exemptions from the penalties.

He noted that authorities were reviewing what part of the main ordinance would require subsidiary laws to fill gaps in implementation.

"People must not have any unnecessary misgivings that we will go through the back door to expand and create some new offences by the way of subsidiary legislation," Lam said. "This will not happen at all."

The justice minister also brushed aside concerns over what some have called ambiguity in the updated sedition offences, saying the wording related to seditious intentions had largely been retained and recent convictions for seditious speech were all "very extreme examples".

"Hong Kong's inherent and unique advantage is that we have excellent freedom of speech," he said. "We will absolutely not deliberately narrow this freedom just because a new law is enacted, because that would be counterproductive and prevent us from reaching the next stage [of economic development]. We aren't so stupid and dumb."

Two remaining local opposition parties earlier told the Post they were concerned about the revised offences as the legislation explicitly ruled that seditious intention did not have to involve inciting violence or public disorder.

Concerns have been raised that residents would fall foul of the law if they possessed copies of the now-defunct Apple Daily tabloid newspaper that supported activist causes.

The justice secretary said any prosecution must be able to prove a resident had no reasonable excuse to hold onto a copy before invoking the offence of possessing seditious publications.

"If you possess something with an idea of supporting [the seditious content] and spreading it in the future, then that would be very relevant to sedition. This is what we target," Lam said.

Tang also addressed questions over whether a media outlet could break the law by carrying an erroneous report related to state security. Citing a recent correction that Bloomberg ran over a story about whether social media platforms would be banned under the new law, the minister said authorities could not act on such erroneous news invoking the new security law unless they could prove collusion with an external force was involved.

The interview took place one day after top city officials, including Lam and Tang met Xia Baolong, the director of the Hong Kong and Macau Affairs Office, who told attendees he was "very satisfied" with the quick passage of the bill, according to sources.

"The purpose of [the meeting] yesterday was for many of my colleagues in the ... government to deliver detailed reports," Lam said. "Given that this is our constitutional responsibility, I think it is very reasonable for us to make a report upon completion."

The Beijing official last visited the city in February during the final week of the new law's public consultation period.

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

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