Hong Kong introduces new National Security Law Bill with tougher jail terms

• The draft also introduces new laws covering treason, espionage, and external interference.
• The bill is under scrutiny by foreign diplomats and businesses due to fears it could further erode freedoms in the financial hub.
• Some investors expressed concern about the desire to fast-track the bill.

On Friday, Hong Kong published its draft of a new national security law, a document that some lawyers said broadens the scope of what could be considered sedition and state secrets, while imposing tougher penalties for anyone convicted of those crimes and several others.

The draft, which also introduces new laws covering treason, espionage, and external interference, is under scrutiny by foreign diplomats and businesses. They fear it could further erode freedoms in the financial hub, which has already been subjected to a China-led crackdown on dissent, resulting in the imprisonment or exile of many pro-democracy politicians and activists.

The Legislative Council began debating the bill on Friday under tight security, and several members of the largely pro-Beijing body informed reporters that they anticipated the bill to be passed into law before mid-April. Hong Kong leader John Lee had previously urged lawmakers to expedite the passage of the bill. A government statement emphasized that “the geopolitics have become increasingly complex, and national security risks remain imminent.”

Upon initial analysis, some lawyers examining the draft indicated that certain elements of the revised sentences for listed offenses resemble those found in Western jurisdictions. However, they also pointed out that provisions for sedition and state secrets are broader and potentially harsher. The bill includes sentences of up to life imprisonment for treason, insurrection, and sabotage, 20 years for espionage, and 10 years for crimes related to state secrets and sedition. In response, the European Union conveyed its “grave concerns” regarding the far-reaching provisions in the bill on “external interference” and its extra-territorial reach in a statement to Reuters. Nevertheless, the draft bill acknowledged some rights provisions.

“Human rights are to be respected and protected, the rights and freedoms, including the freedoms of speech, of the press and of publication, the freedoms of association … are to be protected” the bill read.

Some investors expressed concern about the desire to fast-track the bill.

“The fact they are rushing through article 23 shows concern about public opposition. The business community is going to be unhappy unless guard rails are protecting individual rights,” Andrew Collier, managing director at Hong Kong-based Orient Capital Research said.

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