HK representatives to UNHRC defend Article 23 legislation, calling it ‘key safeguard’ for maintaining stability

A Hong Kong representative to the 55th session of the UN Human Rights Council (UNHRC) in Geneva clarified that the implementation of the Article 23 legislation will codify necessary procedural safeguards in line with international human rights standards while some Hong Kong lawmakers refuted the latest claims from a UNHRC expert saying that some of the charges on national security crimes in Hong Kong are too broad.

Junius Ho Kwan-yiu, representing the International Probono Legal Services Association, who is also a lawmaker from the Hong Kong Special Administrative Region (HKSAR), said at the UNHRC session that the Article 23 legislation will become a key safeguard for maintaining Hong Kong's security and social stability, according to a speech transcript he sent to the Global Times on Wednesday night.

He pointed out that the vast majority of Hong Kong citizens support the Article 23 legislation, hoping that no one will ever feel uneasy again due to bullying and intimidation by local violent elements.

The law will codify necessary procedural safeguards in line with international human rights standards, as enshrined in the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and international labor conventions, as stated in Article 39 of the Basic Law, the Hong Kong representative said.

The Bills Committee of the Legislative Council (LegCo) of the HKSAR has completed the review of the Article 23 legislation draft bill, also known as the Safeguarding National Security Ordinance, and committee chairman Martin Liao Cheung-kong said on Thursday that he will submit an oral report to the House Committee and Subcommittees on Friday.

In his concluding remarks at the meeting, Paul Lam Ting-kwok, Secretary for Justice of HKSAR, expressed his gratitude to the committee for its relentless reviewing of the draft ordinance over the past week, which allowed the important legislative process to be completed in a very tight timeframe.

The review process fully reflected the respective duties of the executive and legislative bodies, working together, striving to do their utmost and fulfilling the constitutional responsibilities under the Article 23 legislation of the Basic Law. The completion of the review of the draft ordinance by the Bills Committee brings the legislative work closer to the finish line, Lam said.

Also, the process achieved some very important purposes including giving the local authorities an opportunity to reflect on how to further improve the drafting of the relevant clauses, the official noted. The local government not only had the opportunity to respond to the committee, but it also had the opportunity to further explain to the public in detail the legislative intent behind individual clauses, the risks to national security they aim to address and how the clauses would operate in practice.

Ben Saul, UN Special Rapporteur on the promotion and protection of human rights while countering terrorism, said during the session that the scope of certain charges under the National Security Law for Hong Kong is overly broad, raising concerns about its legality and the impact on basic freedoms such as freedom of expression and press freedom, which are protected internationally, according to media reports.

With the imminent passage of the Article 23 legislation, we encourage the HKSAR government to contact our office or other offices so that they can work together to improve the relevant legislation, Saul was quoted as saying in the reports.

"I believe some representatives from the US-led Western bloc are trying to smear our legislation, but we should note that many other representatives from different countries recognize our efforts in safeguarding the national security," Dominic Lee Tsz-king, a Hong Kong lawmaker, told the Global Times in response to Saul's remarks.

The Article 23 legislation bill is relatively more lenient compared to many similar laws in foreign countries, Lee said. For instance, compared to the UK's national security law, significant efforts have been made in protecting human rights, he added.