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The Chinese and city flags on a footbridge in Hong Kong. Under the Basic Law, Hong Kong is required to enact its own version of the national security law. Photo: Jelly Tse

Hong Kong’s Article 23 security law to be passed ‘hopefully by this year’, city leader says, while revealing aim to also lift all Covid rules including mask mandate

  • Chief executive says in newspaper interview new legislation is being drafted that will act like ‘firewall’ under a ‘preventive’ system to fend off foreign proxies
  • He also indicates aim to lift all Covid measures this year or even by the first quarter
Hong Kong’s leader has for the first time indicated a clear target for the enactment of the Article 23 security law for the city, saying the legislation will be passed “hopefully this year, or no later than next”.

Chief Executive John Lee Ka-chiu also said in a newspaper interview published on Tuesday that he aimed to lift all coronavirus restrictions, including the mask mandate, within this year, adding he hoped “all matters can be resolved” by the first quarter.

Beijing imposed the sweeping national security law on Hong Kong in June 2020, to ban acts of secession, subversion, terrorism and collusion with foreign forces, but the Basic Law, the city’s mini-constitution, stipulates a need for a local version of the legislation.

Hong Kong last attempted to pass the Article 23 bill in 2003, but that move was shelved after half a million people took to the streets in protest.

Hong Kong Chief Executive John Lee. Photo: K.Y. Cheng

In the interview published by the Hong Kong Commercial Daily, Lee said the Security Bureau was preparing a new draft of the bill and he aimed to complete the legislative process “hopefully this year, or no later than next”.

Tam Yiu-chung, Hong Kong’s sole delegate to the National People’s Congress Standing Committee, said last week there was no timetable for the move.

The coming draft, Lee said, would incorporate sufficient safeguards against risks posed by agencies involved in espionage, ensuring there would be no loopholes left behind despite the evolving use of media and emergence of new tactics by detractors.

Hong Kong urged to amend city laws to align them with national security legislation

He also noted the new law would establish a way to “manage” organisations deemed a threat to the nation to deter foreign agencies from disguising themselves as institutions or “so-called seminars”.

“It’d be better if there’s a firewall in the next [legislation],” Lee added, referring to the need to prevent foreign proxies from entering the city.

Five differences between Hong Kong’s security law and 2003’s shelved bill

While Lee said the drafting of the new legislation would take reference from common law jurisdictions, he did not specify the “preventive” system that his administration sought to adopt.

Under Article 45 of the national security law, central authorities based in Hong Kong and the city government shall take necessary measures to strengthen “management and services” for organs of other countries as well as NGOs and news agencies from foreign countries and Taiwan.

Hong Kong still retains its mask mandate despite having dropped most pandemic measures. Photo: Elson Li

The city’s leader also said in the interview he was aiming to remove the mask mandate and all remaining Covid restrictions this year, after already scrapping most pandemic rules in December.

“A full return to normality has always been my goal. I certainly hope there can be no more control measures, including the mask mandate,” Lee was quoted as saying.

He added that the government was still monitoring a range of data, such as the current outbreak’s death toll and its impact on the healthcare system, while citing concerns over the possible emergence of new coronavirus variants.

Hong Kong to table Article 23 anti-subversion bill in second half of year

Lee said once the city overcame a potential rise in cases of respiratory diseases in winter, authorities would evaluate how remaining control measures could be modified. “I hope all matters can be resolved in the first quarter of 2023. I am confident about this.”

The Education Bureau told schools on Tuesday that the daily rapid antigen tests required for students and staff would continue until at least February 28 in order to reduce the risk of transmission.

Covid-19 infections in Hong Kong have been on the decline in recent weeks. The city on Tuesday reported 3,843 new cases, including 99 imported ones, as well as 46 related deaths. The total tally stood at 2,840,213 cases and 12,909 fatalities.

Meanwhile, legislator Chan Yung, a vice-chairman of the pro-Beijing Democratic Alliance for the Betterment and Progress of Hong Kong, voiced support for the government’s work on Article 23.

“Hong Kong should not take a chance and allow foreign proxies to enter the city. This doesn’t mean we should chase away all foreign NGOs or civil groups. Those operating properly should not worry,” he added.

He also expressed confidence the work on the bill this time would not be controversial, noting the social climate had become more peaceful under the national security law and “patriots-only” electoral reforms.

Professor Simon Young Ngai-man, an associate dean at the University of Hong Kong’s law faculty, said it was premature to comment on possible effects of the new Article 23 draft.

“In any case, I believe existing powers and measures are sufficient to deal with most, if not all, risks in the interim period,” Young argued.

Separately, Lee met the new director of the central government’s liaison office Zheng Yanxiong at Government House on Tuesday.

According to a government statement, Lee told Zheng he believed the office under the latter’s leadership would continue to support the administration’s governance in accordance with the law.

Lee also told Zheng he was confident they could work together in implementing the “one country, two systems” and “patriots administering Hong Kong” policies, pledging the government would unite different sectors to focus on development, to maintain long-term prosperity and stability.

Zheng was appointed office director last Saturday, succeeding Luo Huining who retired. He also succeeded Luo as adviser to the city’s Committee for Safeguarding National Security.

Before assuming the new roles, Zheng had been the head of Beijing’s Office for Safeguarding National Security in Hong Kong since mid-2020.

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