The Hong Kong government has “strongly opposed” a resolution adopted by the European Parliament, which condemned the enactment of the city’s domestic security law and called for sanctions against Chief Executive John Lee and other government officials.
The European Union had made “exaggerating remarks” and demonstrated “typical political hegemony and hypocrisy with double standards” with a resolution passed on Thursday, a spokesperson for the Hong Kong government said in a statement late on Thursday.
Concerns over Article 23
The resolution targeted Hong Kong’s homegrown security law which came into force last month. The Safeguarding National Security Ordinance, colloquially known as Article 23 legislation, is separate to the 2020 Beijing-enacted security law. It targets treason, insurrection, sabotage, external interference, sedition, and theft of state secrets and espionage.
The legislation allows for pre-charge detention of to up to 16 days, suspects’ access to lawyers may be restricted, and penalties can involve up to life in prison. Its legislation failed in 2003 following mass protests and it remained taboo until 2024 when it was fast-tracked 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.” But authorities cite perceived foreign interference and a constitutional duty to “close loopholes” after the 2019 protests and unrest.
The new security law authorised “even more radical infringements of basic freedoms and liberties” and undermined press freedom, the European Parliament resolution alleged. It was also “alarmed” that the new legislation had a significant impact on the work of the EU office in Hong Kong, as well as consuls-general of its member states and European citizens and companies.
The resolution made reference to the case of media mogul Jimmy Lai, who is currently on trial for allegedly conspiring to collude with foreign forces and publishing “seditious” materials.
“[The European Parliament] strongly condemns the Safeguarding National Security Ordinance’s adoption, which erases the last vestiges of fundamental freedoms in HK,” the resolution read, adding the Hong Kong authorities should immediately and unconditionally release those who were detained for “exercising their freedoms and democratic rights.”
The parliament also raised concerns over the extraterritorial effect and retroactivity of the application of the new security law worldwide. The EU body condemned what it saw as the “targeting of EU-based Hong Kong diaspora and of Beijing-critical politicians and public figures.”
It urged member states to suspend extradition treaties with China and Hong Kong and called for lifeboat schemes for Hong Kong activists and journalists who were “at risk.”
‘Malicious intentions’
In response, the Hong Kong government said safeguarding national security was an “inherent right of all sovereign states.” Other common law jurisdictions such as the US, the UK, Canada, Australia and New Zealand also have relevant legislation in place.
The ordinance would not affect normal business operations and law-abiding individuals and enterprises from the EU and its member states would not engage in acts and activities endangering Hong Kong’s national security, the spokesperson said.
“Social and Cultural Rights as applied to Hong Kong, are to be protected in accordance with the law. The European Parliament neglected the relevant provisions and lashed out wantonly, fully exposing its malicious intentions,” a statement from the Hong Kong government read.
The European Parliament resolution also called on the European Council to review its conclusions on Hong Kong in 2020. The EU concluded in July 2020 that the Beijing-imposed national security law was “a matter of grave concern” and said the legislation would result in an “extensive erosion of rights and freedoms.”
The council should adopt sanctions under the EU Global Human Rights Sanctions Regime against Lee and all Hong Kong and Chinese officials who were “responsible for the crackdown on freedoms” in the city, Thursday’s resolution read.
The Hong Kong government responded by saying safeguarding national security was an internal affair that should be free from any intervention. It urged the European Parliament to “stop smearing” and stop making “scaremongering remarks.”
“The European Parliament blatantly clamoured for so-called ‘sanctions’ against HKSAR personnel who dutifully safeguard national security. The HKSAR Government strongly condemns its political grandstanding rife with ill intentions, which have been seen through by all,” the statement read.
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