Hong Kong fast-tracks the Article 23 legislation, lists offences and penalties in draft bill

Hong Kong. Photo: Xinhua

The Hong Kong Special Administrative Region (HKSAR) fast-tracked the Basic Law Article 23 legislation by gazetting the draft bill on Friday and tabling it to the Legislative Council for the first reading and second reading on the same day. The draft bill listed a series of offences and penalties including new offences like treason, insurrection, acts with seditious intention, foreign interference and theft of state secrets and espionage.

Among those offences, the crimes of treason and insurrection carry the most severe penalties. Once convicted, an offender can be sentenced to life imprisonment, according to the draft bill.

Illegal disclosure of state secrets, upon conviction, can result in up to ten years in prison. And a person who with a seditious intention commits an offence could face imprisonment for up to seven years. If a person colluding with a foreign country or with external elements to act with seditious intention could face 10-year imprisonment.

The draft bill, divided in nine parts with 212 pages, was introduced to fully implement the constitutional duty as stipulated under Article 23 of the HKSAR Basic Law. Entitled with the Safeguarding National Security Bill, the legislation is expected to play a complimentary role to the National Security Law (NSL) for Hong Kong as it covers some new offences that the NSL for Hong Kong has not covered, such as treason, insurrection, offences in connection with state secrets and espionage and sabotage endangering national security.

During the ongoing two sessions in Beijing, Zhao Leji, chairman of the National People's Congress (NPC) Standing Committee, delivered the report at the second plenary meeting of the second session of the 14th NPC on Friday morning. Zhao said the tasks for the coming year include strengthening the implementation of the Constitution and supervision of its implementation.

This involves upholding the constitutional order and legal order of the SARs as defined by the Constitution and the Basic Law, and implementing the legal systems and enforcement mechanisms for maintaining national security in the SARs.

To complete the legislative work as soon as possible, I have written to the president of the LegCo, setting forth that the Article 23 legislation is the constitutional duty of the entire HKSAR, and hence both the government and the LegCo have the responsibility and will spare no effort in getting the law enacted as soon as possible, the HKSAR CE John Lee said on Thursday.

"In order to achieve the goal of completing the legislative work as early as possible, I have suggested the LegCo speedily commence the scrutiny of the bill and consider such means as convening a special LegCo meeting for the first and second reading and convening Bills Committee meetings as early as possible, with a view to scrutinizing the Bill and completing the legislative process at full speed," Lee said.

In the newly added offences in connection with espionage, a person who colludes with external forces would face imprisonment of 14 years. The draft also provides a clear definition of external forces, with some international organizations directed by foreign governments also considered as foreign forces, and international organizations also include entities entrusted with functions by any country, region or place.

The draft also indicated that a person who commits espionage with intent to endanger national security faces imprisonment for 20 years including approaching a prohibited place, using an unmanned tool to approach the place or obtaining information that could be useful for external forces.