Ronny Tong

Opinion | Article 23: how Hongkongers can have their say in national security

From the UK and US to Singapore, the government decides what makes for a matter of national security. In Hong Kong, with the Article 23 consultation paper, we have a chance to speak up

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Chief Executive John Lee Ka-chiu and other officials at a press conference on the public consultation of the Article 23 legislation at the government’s headquarters in Admiralty on January 30. Photo: Sam Tsang

Ronny Tong

Published: 9:30am, 5 Feb 2024Updated: 10:40am, 5 Feb 2024

National security has historically been an enigma for the man in the street. Why is it important? Who is to decide what is a matter of national security? Why should my rights be restricted because of it?

Looking at some ancient laws in force today, one would be even more baffled. For example, UK treason laws prohibit the “giving” of “comfort” to the monarch’s enemies or any attempt to deprive the monarch of “the style, honour or royal name of the imperial crown of the United Kingdom”. Similar laws can be found in Hong Kong’s Crimes Ordinance, enacted in the colonial days.

National security laws understandably put the nation’s interest above individual rights: without safety of the nation, there cannot be safety of the individual. But in peace time, it is not immediately evident to people why national security laws have to be so sweeping. Importantly, people might wonder why the lines should always be drawn by the government and not by popular vote.

The concept of national security has undergone tremendous changes in recent years, in many cases becoming more sweeping than some ancient laws. We are no longer just talking about the king’s enemies or queen’s honour, but trade barriers, economic sanctions, hi-tech embargoes, and even academic and cultural exchanges.

Especially in the West, national security concerns seem to be everywhere and in every aspect of daily life. Yet people appear to have very little say in all this.

The UK in recent years has passed a spate of national security laws, giving the government alarming powers. Under the National Security Act 2023, on the secretary of state’s “reasonable” belief that someone is, or has been, involved in “foreign power threat activity”, that person can be detained up for to five years without notice or trial.