Hong Kong Enacts New National Security Law to Strengthen Ties with Mainland China

Hong Kong's lawmakers unanimously approved extensive new powers on Tuesday, raising concerns from critics and analysts about the alignment of the financial hub's national security laws with those in China and the escalating crackdown on dissent.

The lengthy national security bill, initially spanning 212 pages, was swiftly passed through Hong Kong's Legislative Council without opposition and under the urgency requested by city leader John Lee. The bill was debated in just 11 days.

The law, which took effect on Saturday, includes 39 new national security crimes. This law was imposed on Hong Kong by Beijing in 2020, following large democracy protests the year before.

Since its implementation, the law has led to the arrest of many political opponents and the disbandment of civil society groups and outspoken media outlets. Hong Kong has shifted from a freewheeling city to one that emphasizes patriotism.

The new national security legislation, known locally as Article 23, includes a range of new crimes such as treason, espionage, external interference, and unlawful handling of state secrets. The most serious offenses could lead to life imprisonment.

Hong Kong’s Chief Executive, Lee, referred to it as a significant moment in the history of Hong Kong.

Lawmakers attend a meeting for Basic Law Article 23 legislation at the Legislative Council on March 19, 2024 in Hong Kong, China.

Lawmakers attend a meeting for Basic Law Article 23 legislation at the Legislative Council on March 19, 2024 in Hong Kong, China.

"We have successfully fulfilled a significant task, honored the confidence of our nation, and met the expectations of the Central government," he mentioned, speaking about the leadership of China's Communist Party in Beijing.

China and Hong Kong's leaders argue that the new laws are necessary to close loopholes and restore stability after the large protests in 2019. They believe their legislation is in line with national security laws in other countries.

However, critics disagree. They argue that the Communist Party of China's definition of national security offenses is much broader and encompasses political dissent, criticism, and business activities that would not be considered criminal in other countries.

The new legislation in Hong Kong is being introduced as the government works on rebuilding the city's business reputation. This effort comes after a political crackdown and strict COVID-19 measures caused many local and international professionals to leave, creating a "chilling effect."

Legal experts and industry professionals interviewed by CNN believe that the expansive scope and severe consequences of the new law could lead to increased restrictions on civil society in Hong Kong. This could also jeopardize the city's reputation for facilitating the exchange of information, particularly within its renowned financial sector.

According to Eric Lai, a research fellow at Georgetown Center for Asian Law and a specialist in Hong Kong's legal system, the authorities in Hong Kong are keen on enhancing their control over information in response to the stricter security measures being implemented.

Lai anticipates that a sense of fear and caution will spread throughout society. He mentioned that the business sector would be especially impacted by the introduction of the new laws on stealing state secrets and engaging in espionage.

The new law prohibits activities such as the illegal acquisition, possession, and disclosure of state secrets, as well as espionage. Offenders could face a maximum sentence of 20 years in prison for the most severe cases.

According to observers, the language of the law is open to a wide range of interpretations when it comes to defining what constitutes a state secret.

Protesters stormed into the parliament chambers at the government headquarters in Hong Kong on July 1, 2019. This incident occurred on the 22nd anniversary of the city's handover from Britain to China.

Protesters break into the parliament chambers of the government headquarters in Hong Kong on July 1, 2019, on the 22nd anniversary of the city's handover from Britain to China.

Vivek Prakash/AFP/Getty Images

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Twelve people in Hong Kong have been sentenced to jail for their involvement in the storming of the legislature in 2019. The charges include acts related to national defense, diplomatic activities, major policy decisions, and economic and social development in China and Hong Kong.

Hung Ho-fung, a sociology professor at Johns Hopkins University, pointed out that treating social and economic matters as state secrets can have wide-ranging implications.

He emphasized that the vague and harsh regulations could put even non-political individuals at risk of facing severe consequences, such as office raids, detention, arrest, or being barred from leaving the country, similar to what happens frequently in mainland China.

Foreign businesses in Hong Kong are likely to experience increased doubt, anxiety, and uncertainty due to recent developments. In mainland China, national security laws have frequently led to unclear investigations involving both local and foreign companies.

Last year, China’s state security authorities conducted raids on several offices of international advisory firm Capvision. This was part of a larger crackdown on the consulting industry, as Beijing aims to increase control over information deemed sensitive to national security.

The law also identifies the participation of "external forces" – a term often used to refer to foreign governments and organizations – as a factor that can lead to harsher sentencing.

Amnesty International China director Sarah Brooks expressed her disappointment with the new legislation, stating that it "delivered another crushing blow to human rights in the city." She mentioned that the authorities passed the law quickly, extinguishing any hope that public opposition could make a difference. In a statement, Brooks described the situation as a devastating moment for the people of Hong Kong.

Johannes Hack, President of the German Chamber of Commerce in Hong Kong, expressed that many German businesses are still dedicated to Hong Kong. He emphasized the importance of Hong Kong maintaining its distinct characteristics such as the free flow of capital and a common law court system.

Hack mentioned that the current legal environment in Hong Kong is posing challenges in convincing German shareholders about the unique nature of the city compared to mainland China.

Emily Lau, a former pro-democracy lawmaker, is concerned about the fading uniqueness of Hong Kong. She worries that the qualities that made Hong Kong special are disappearing quickly.

In a recent interview with CNN, Emily Lau expressed her desire for Hong Kong to thrive. She emphasized that Hong Kong is a part of China and she has never questioned that fact.

“But we are different from the rest of China. But the difference is getting less and less, which is very sad.”

Editor's P/S:

The recent expansion of national security laws in Hong Kong raises significant concerns about the alignment with China's approach and the potential impact on civil liberties. The swift passage of the legislation without substantial debate and opposition raises questions about the democratic process and the erosion of Hong Kong's autonomy. Legal experts and industry professionals express fears that the expansive scope and harsh penalties could lead to increased restrictions on free speech, assembly, and business activities, potentially harming the city's reputation as a financial hub.

The new law's vague definition of national security offenses, coupled with the inclusion of "external forces" as a factor in sentencing, creates a chilling effect on society and foreign businesses. The broad interpretation of state secrets could put non-political individuals at risk of severe consequences, similar to what has been observed in mainland China. The government's focus on enhancing control over information and the lack of clarity in the law raise concerns about the future of Hong Kong's unique identity and its ability to maintain a distinct legal and political system from mainland China.