This was published 5 months ago
Hong Kong rushes through security laws feared by Western businesses
By James Warrington and Sarah Newey
London: Western businesses in Hong Kong face growing uncertainty after legislators passed draconian new national security laws that will align the city-state even more closely with Beijing.
Hong Kong’s Legislative Assembly passed a major piece of legislation known as Article 23 on Tuesday, marking the latest stage of a widespread political crackdown triggered by pro-democracy protests in 2019.
Police officers stand guard outside the Legislative Council in Hong Kong this week.Credit: AP
The laws, which will come into force on Saturday, introduce a series of new crimes including treason, sabotage, sedition, the theft of state secrets, external interference and espionage. The punishment for offences ranges from several years to life imprisonment.
Chris Patten, the last British governor of Hong Kong, branded the crackdown “another large nail in the coffin of human rights and the rule of law in Hong Kong”.
The measures, which further tighten the national security laws imposed on Hong Kong by Beijing in 2020, have fuelled concerns about the former British colony’s future as Asia’s business hub.
Analysts pointed to the broad and vague wording of the new laws, which expand the definition of state secrets to cover information ranging from “diplomatic and foreign affairs activities” to the “economic or social development” of both Hong Kong and China.
Hong Kong’s Legislative Council unanimously passed the new national security laws.Credit: AP
This will spark fears that financial professionals gathering corporate information for work such as audits and analysis could be accused of espionage and be detained or even imprisoned.
Ho-fung Hung, a professor of sociology at Johns Hopkins University, said: “With these draconian and not clearly defined clauses, even apolitical business persons can get into trouble and will face the risk of their office being raided and themselves being detained, arrested or placed under exit ban as in many cases in mainland China.
“This will surely increase the doubt, anxiety, and uncertainty of foreign businesses in Hong Kong.”
It comes amid a Beijing crackdown on purported spies that has already affected advisory and due diligence firms carrying out work in China.
Several large US consulting firms in the country were raided last year, while in January, Beijing accused British intelligence service MI6 of recruiting and training a spy in a consulting agency to gather intelligence in China.
Many multinational companies have already moved their Asian headquarters away from Hong Kong to locations such as Singapore due to concerns about tightening Chinese control.
Under the new laws, citizens could also be imprisoned for keeping old copies of Apple Daily, the pro-democracy newspaper shut down in 2021. Its founder, Jimmy Lai, is on trial for a range of charges under the national security laws.
Human Rights Watch acting China director Maya Wang said: “The new security law will usher Hong Kong into a new era of authoritarianism.
Politicians in Hong Kong pose for photographs after passing Article 23.Credit: AP
“Now even possessing a book critical of the Chinese government can violate national security and mean years in prison in Hong Kong.”
The imposition of Article 23, which was rushed through Hong Kong’s pro-Beijing Legislative Council in less than a fortnight, is highly symbolic for citizens of the city.
It fulfils a constitutional obligation for Hong Kong to enact its own security legislation after British rule ended. But previous attempts to do so in 2003 were shelved amid widespread public protests.
Authorities say the new laws close loopholes in the national security regime, even though existing laws have already been used to jail pro-democracy protesters who challenged China’s rule over the semi-autonomous territory.
Hong Kong chief executive John Lee branded the changes a “historic moment”.
British Foreign Secretary David Cameron said: “The overall impact of Hong Kong’s new national security law is that it will further damage the rights and freedoms enjoyed in the city.
“It undermines Hong Kong’s implementation of binding international obligations, including the Sino-British Joint Declaration and the International Covenant on Civil and Political Rights.”
Sir Iain Duncan Smith, a former Conservative Party leader, said: “This change to the existing law in Hong Kong is even worse and more oppressive. This will put Hong Kong’s status as an English Common Law jurisdiction in very serious question.”
The Telegraph, London
Get a note directly from our foreign correspondents on what’s making headlines around the world. Sign up for the weekly What in the World newsletter here.