Grenville Cross

Opinion | Hong Kong must stop testing Beijing’s patience and enact Article 23 national security legislation

There will never be an ideal time but nearly 26 years after reunification with mainland China, Hong Kong must bite the bullet and repay Beijing’s trust – by enacting the remaining parts of Article 23 within the next 12 months

Reading Time:3 minutes

Why you can trust SCMP

A national security law banner in Hong Kong on July 1, 2020. Beijing adopted a minimalist approach, only legislating for those laws immediately required to cope with 2019 social disorder. Photo: AFP

Grenville Cross

Published: 9:15am, 22 Feb 2023

Although national security laws are enacted by national parliaments, China made an exception for the special administrative regions of Hong Kong and Macau. Under their respective Basic Laws, the responsibility for enacting national security legislation was vested in the regions, a vivid illustration of “one country, two systems”. But although Macau enacted its national security law in 2009, within 10 years of its reunification with mainland China, Hong Kong has yet to, after nearly 26 years.

Yet Article 23 of the Basic Law clearly requires Hong Kong to “enact laws on its own” to protect national security.

The national security law enacted for Hong Kong by the National People’s Congress Standing Committee on June 30, 2020, covers only four aspects. These concern subversion, secession, terrorism and collusion with foreign powers or external elements to endanger national security. In other words, Beijing adopted a minimalist approach, only legislating for those laws immediately required to cope with 2019 social disorder.

Such restraint was undoubtedly out of deference to the legislative intent of Article 23, which makes Hong Kong responsible for enacting national security legislation. The Standing Committee could so easily have enacted a comprehensive national security package in 2020 but it chose not to. This showed that Beijing still had faith in Hong Kong’s ability to discharge its constitutional obligations.

Although commendable, Beijing’s restraint meant some of the national security laws that Hong Kong needs still have not materialised. They include the laws necessary to prohibit sedition, treason and the theft of state secrets, as well as to prohibit foreign political organisations or bodies from conducting political activities in the city. Also lacking is the law to prohibit local political organisations from establishing ties with foreign political organisations or bodies.

The absence of national security laws contributed to the situation in 2019, and made it more difficult for the police force to respond effectively once things got out of hand. Although the 2020 national security law has plugged some of the gaps, others remain and must be urgently addressed.

07:30

China’s Rebel City: The Hong Kong Protests