Statement: Now is not the time to enact divisive national security legislation

Calls by the Chinese Liaison Office in Hong Kong for the enactment of Article 23 legislation are alarming. National security concerns must not be used to justify the erosion of human rights and the rule of law in Hong Kong. Although Hong Kong already has strong laws protecting national security (and prohibiting many of the acts listed in Article 23), the local government is under pressure to add to this body of law by explicitly proscribing ‘subversion’ and ‘secession’. 

Hong Kong Watch published an in-depth report in 2018 which underlines that such broad-brush measures would likely not meet the local government's obligation to comply with the International Covenant on Civil and Political Rights (ICCPR) and to protect the rule of law, which is essential to Hong Kong’s autonomy and its status as an international financial centre. 

At this sensitive time in Hong Kong’s history, it is critical that human rights, the rule of law, and the city’s free economy are not compromised in the name of national security. Hong Kong needs a robust response to the threat of Coronavirus and the beginning of political reforms which will bring about reconciliation, not more divisive and draconian legislation. 

The Liaison Office's statement follows a statement by the Hong Kong Macao Affairs Office slamming pan-democratic lawmakers for filibustering, and accusing them of breaching their Legislative Council Oath. The Hong Kong Bar Association noted that this attack on the legislators by the Hong Kong and Macao Affairs Office could "easily be perceived as interference in contravention of the principle of one-country, two-systems enshrined in the Basic Law including Article 22." Hong Kong's autonomy underpins the city's success, it is vital that it is respected.