Conservative MP and foreign affairs critic Michael Chong is urging the federal government to denounce proposed legislation in Hong Kong that he believes would empower the communist regime to further stifle free speech and democratic expressions.
Article 23, as outlined in Hong Kong’s Basic Law enacted after its transfer from British rule in 1997, required Hong Kong to draft its own national security legislation.
The proposed national security law described in Article 23 aims to define five offenses: treason, insurrection, theft of state secrets, espionage, sabotage endangering national security, and external interference. However, concerns about the law’s potential for suppressing fundamental rights led to a massive protest in 2003. This prompted the withdrawal of the proposal by the Hong Kong government in September 2003, and subsequent progress
stalled until
recently.
On Jan. 30, Hong Kong authorities commenced a
public consultation regarding the potential reintroduction of the national security legislation.
As the consultation period draws to a close on Feb. 28, Mr. Chong urged Prime Minister Justin Trudeau and his Liberal government to “publicly express concerns about the proposed national security legislation and defend Hong Kong’s civil rights as guaranteed in the Sino-British Joint Declaration.”
“This proposed legislation would further criminalize free speech, debate, and peaceful protest in Hong Kong. It would also expand police powers over pre-charge detention and remove procedural steps in national security trials, further undermining the rule of law in Hong Kong,” he stated in a
statement posted on X on Feb. 28.
Mr. Chong pointed out the abuse of a similar law— the “
Hong Kong National Security Law“— imposed by Beijing in
June 2020. He highlighted that since the implementation of this law, “over 280 individuals— including pro-democracy advocates— have been unjustly detained under the pretext of endangering national security.”
“Recent oppressive actions by the Hong Kong government make it evident that the authorities in Hong Kong would exploit the proposed new offenses to suppress legitimate dissent and civil rights,” he added.
Guaranteed Rights
Hong Kong’s Basic Law forms part of the Sino-British Joint Declaration, an international treaty signed in 1984 and effective the following year. It guarantees a high degree of autonomy for Hong Kong following its return to Chinese rule in 1997.
Despite the assured autonomy until 2047, the Beijing regime has made various efforts to tighten control over the so-called special administrative region over time.
Beijing’s attempts to undermine the treaty’s legitimacy include continuous statements from Chinese officials asserting that the United Kingdom no longer holds supervisory authority over Hong Kong since the 1997 handover. They argue that the treaty is considered a “
historical document” with no remaining binding power.
Mr. Chong observed that recent changes to Hong Kong’s electoral system, giving Beijing more control, indicate that the proposed national security legislation is likely to pass smoothly.
Various governments and rights advocates have united in condemning the Chinese authorities for their erosion of democracy and civil rights in Hong Kong.
On Feb. 29, British Foreign Secretary David Cameron
expressed concern, strongly urging Hong Kong authorities to reconsider their plan to enact their own national security legislation and to engage in genuine and meaningful consultation with the people of Hong Kong.
On Feb. 19, Hong Kong Watch released a
joint statement with over 80 civil society organizations worldwide, condemning the Hong Kong authorities’ consultation on the proposed Article 23 legislation.
The advocacy group additionally submitted a
petition to the Hong Kong government on Feb. 27, demanding the repeal of Beijing’s 2020 National Security Law, upholding the Sino-British Joint Declaration, and safeguarding the basic rights of the people of Hong Kong.
