Hong Kong Enacts Safeguarding National Security Ordinance, Targeting Fugitives

On March 22, 2024, Chief Executive John Lee of the Hong Kong Special Administrative Region (HKSAR) signed the Safeguarding National Security Ordinance into law. This marks a significant step for the HKSAR in fulfilling its constitutional obligation under Article 23 of the Basic Law. The ordinance has been developed to specifically address absconders who have fled overseas and are seen as threatening national security.

This new piece of legislation comprises nine sections and addresses offenses such as treason, espionage, and external interference, with severe penalties including life imprisonment for the most serious crimes. Lee emphasized that a safe environment is essential for both societal stability and economic prosperity, highlighting the significance of this ordinance in creating an attractive landscape for businesses and investments in Hong Kong.

The reception of the ordinance has been overwhelmingly positive among local lawmakers and the public, who believe it will help restore order following years of political unrest. Many see the new law as a much-needed measure to provide a sense of security that has been lacking in recent years. Lam Chi-wai, chairman of the Junior Police Officers’ Association, noted that the passage of this ordinance comes after a long and tumultuous journey, which has exposed the city to significant risks in the past.

Additionally, the Secretary for Security, Chris Tang Ping-keung, confirmed that the primary focus of enforcement would be on fugitives. He explained that the government possesses the authority to implement various measures against absconders, such as revoking their HKSAR passports and suspending their professional licenses. Tang assured that individuals like fugitive former lawmakers would be among the first targeted under this new law.

Officials have also addressed criticisms of the legislation from external parties, asserting that allegations against Hong Kong's national security measures are unfounded and often lack context. Paul Lam Ting-kwok, Secretary for Justice, pointed out inconsistencies in how foreign nations define national secrets and handle foreign interference laws compared to Hong Kong's legal provisions.