Hongkongers who repeatedly repost, and agree with, overseas criticism of the city’s new, domestic national security law could breach the legislation if they are found to have been inciting hatred against the authorities, justice minister Paul Lam has said.
Separate to the 2020 Beijing-enacted security law, the homegrown Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, theft of state secrets and espionage. It allows for pre-charge detention of to up to 16 days, and suspects’ access to lawyers may be restricted, with penalties involving up to life in prison. Article 23 was shelved in 2003 amid mass protests, remaining taboo for years. But, on March 23, 2024, it was enacted having been fast-tracked and unanimously approved at the city’s opposition-free legislature.
The law has been criticised by rights NGOs, Western states and the UN as vague, broad and “regressive.” Authorities, however, cited perceived foreign interference and a constitutional duty to “close loopholes” after the 2019 protests and unrest.
“Let’s say in extreme situations, if someone repeatedly reposted [overseas criticism] online and showed agreement – and that they added comments simply to incite other people’s hatred towards the Hong Kong and the central government – then, of course, there would be risk,” Lam said in an interview with TVB in Cantonese.
The justice chief added that, if a person was reposting the criticism “out of curiosity” and that they did so “only to engage in public discussion,” this would not amount to having seditious intention.
See also: Hong Kong proposes raising maximum penalty for sedition to 10 years under new security law
He said that criticism towards government policies would be acceptable, so long as the comments were “genuine” or “with a view to improve governance.”
“But when someone publishes criticism relentlessly, even if they have been told why their criticism is unreasonable or why it wouldn’t be accepted… then I would begin to have a doubt: are they actually making criticism?” Lam said.
But he added that the burden of proving seditious intention lies with the prosecution and that the threshold would be high.
Int’l criticism
Lam’s remarks came after the new security law triggered international concerns that the legislation could be used to curb freedom and dissent, with the UK, Australia, and Taiwan updating their travel advice to warn citizens about the risks of breaching Article 23 when travelling to Hong Kong.
The government claimed that such moves amounted to “political manoeuvres” and “scaremongering.”
It also hit back on the US Secretary of State Antony Blinken over what it said were “unfounded and biased remarks.”
“Mr Blinken once again targeted the [Hong Kong government’s] work on safeguarding national security and made slandering, smearing, misleading and erroneous remarks against the Ordinance, showing his despicable political manoeuvre and hypocrisy with double standards,” said security chief Chris Tang in a statement on Saturday.
“The offences endangering national security stipulated by the Ordinance target acts endangering national security with precision, and define the elements and penalties of the offences with clarity,” he added.
Blinken on Friday said the new law “includes vaguely defined provisions regarding ‘sedition,’ ‘state secrets,’ and interaction with foreign entities that could be used to curb dissent,” adding that the US was concerned about the new law’s extraterritorial jurisdiction and its use in “transnational repression.”
But Tang said that the extraterritorial effect of Article 23 “fully aligns with the principles of international law” and “is both necessary and legitimate.”
The new law also empowers authorities to designate a wanted individual as an “absconder” – a status which allows sanctions including cancellation of passports and banning anybody from providing them with funding.
Overseas protests
Over the weekend, overseas Hongkongers staged protests against Article 23 in the UK, US, Taiwan and other territories.
In London, where thousands of Hongkongers fled to following the 2019 protests and unrest, about 100 demonstrators gathered outside the Foreign and Commonwealth Development Office on Saturday, according to AFP.
In Taipei’s Ximending, around 100 protesters also gathered on Saturday as they held placards that said: “Against the draconian law of Article 23”, US-backed Radio Free Asia reported.
HKFP has reached out to the Security Bureau for comments regarding overseas protests.
Help safeguard press freedom & keep HKFP free for all readers by supporting our team
