Hong Kong Watch condemns launch of consultation for Article 23 legislation

The Hong Kong government announced a consultation process for the introduction of Article 23 legislation today, affirming its plans to quickly enact Article 23 of the Basic Law. The consultation period will last until 28 February 2024.

During a press conference, Hong Kong Chief Executive John Lee cited the increasingly complex geopolitical situation and emphasised the need for stability, saying, “This is a law that tells people not to attack us, this is in a way a defensive law. Foreign agents and advocates of Hong Kong independence are still lurking in the city… badmouthing, political attacks will continue, that’s exactly why I want the government to be up in full gear to explain what we are doing here loud and clear.” He referred to the 2019 protests as a “Hong Kong version of a colour revolution”, proving the need to protect national security. He went on to state that many countries have laws related to safeguarding national security, referencing UK and US intelligence agencies including the US Central Intelligence Agency (CIA).

Ahead of the announcement, the Hong Kong Executive Council Secretariat released a statement, stating their firm support for the proposals for Article 23 legislation and that Article 23 “should also achieve convergence, compatibility and complementarity with the Hong Kong National Security Law, forming an improved and effective legal regime for safeguarding national security” as soon as possible. 

Under Hong Kong’s Basic Law, the Hong Kong Government has the ability to introduce domestic security legislation. However, the last time the authorities attempted to introduce Article 23 in 2003, over 500,000 Hong Kongers took to the streets in protests with the plans abandoned.

The National Security Law itself has been widely criticised, including by the UN Human Rights Committee which urged the authorities to refrain from its use and recommended its repeal. The UN Committee on Economic, Social, and Cultural Rights and the UN Committee on the Elimination of Discrimination Against Women made similar recommendations. At the Universal Periodic Review last week, 18 Member States raised concerns about human rights in  Hong Kong, and many cited the National Security Law. To comply with its international human rights obligations, Hong Kong should repeal the National Security Law, not strengthen it.

In the past, the Hong Kong Chief Executive expressed plans to introduce Article 23 security legislation to complement the existing Beijing-imposed National Security Law of 2020, which would focus on targeting “foreign espionage” and “fake news”.

Benedict Rogers, co-founder and Chief Executive Officer of Hong Kong Watch, said:

“Today’s announcement confirming the Hong Kong authorities’ intention to swiftly enact Article 23 is evidence of the Chinese Communist Party continuing to blur the lines between the People’s Republic of China and Hong Kong. This legislation would be a further death knell to Hong Kong’s fundamental freedoms and human rights which are guaranteed under international law.

“Article 23 would not protect, but gravely endanger, Hong Kongers, including those who now live outside Hong Kong, in the UK, US, Canada and across the EU. We urge the international community to condemn the proposed changes to Article 23, and the potential implementation of the law which has the potential to harm millions of Hong Kongers in the city and abroad. We call on the UK to implement sanctions against John Lee for his part in dismantling Hong Kong’s freedoms and autonomy.”

港府啟動23條立法諮詢 香港監察促請國際社會予以譴責 呼籲英國制裁李家超

香港政府今天宣布就《基本法》第23條立法展開公眾諮詢，表明擬儘快完成立法，諮詢期至2024年2月28日為止。

根據《基本法》，香港政府有權自行立法維護國家安全。然而，2003年上次當局試圖推行第23條立法時，超過50萬香港人上街遊行抗議，草案最終被撤回。

《國家安全法》本身就廣受批評，例如聯合國人權事務委員會曾促請當局切勿採用《國安法》，並建議廢除。聯合國經濟、社會及文化權利委員會和聯合國消除對婦女歧視委員會亦曾提出類似建議。在上週舉行的中國普遍定期審議上，18個成員國對香港人權狀況表示憂慮，當中不少國家以《國安法》為引證。為履行國際人權義務，香港應該廢除而非加辣《國安法》。

香港行政長官過去曾表示擬推行第23條立法，尤其針對「外國間諜活動」和「假新聞」，以補足現行2020年北京強推的《國安法》。

香港監察共同創辦人兼行政總監羅傑斯（Benedict Rogers）表示：

「今天的宣布確認香港當局意圖迅速落實第23條立法，足證中國共產黨正持續模糊中國與香港之間的界線。香港的基本自由和人權受國際法保障，23條立法將進一步敲響其喪鐘。

第23條不會保護香港人，反而會嚴重危害香港人，包括現居英國、美國、加拿大和全歐盟等香港以外地區的人。我們促請國際社會譴責23條立法計劃及其建議修訂，23條可能會危害身在香港和海外的數百萬香港人。我們呼籲英國制裁李家超，因他有份摧毀香港的自由和自治。」