Old Law in New Bottles, Reintroducing National Security Legislation in Hong Kong

Abstract

This chapter discusses the reintroduction of national security legislation in Hong Kong. Fifteen years have passed since the shelving of the National Security (Legislative Provisions) Bill by the Hong Kong government after mass protests in 2003. There have been no indications of when new legislative proposals might be introduce or the possible shape of such proposals. It is argued that, while the 2003 bill can serve as a starting point for thinking about a new law, important developments in Hong Kong, Macau, and Mainland laws also need to be taken into account. The chapter proposes a set of legislative guidelines based on the human rights and criminal law jurisprudence of Hong Kong’s Court of Final Appeal. It identifies relevant aspects of the Macau and Mainland national security laws that should be taken into account. The anti-terrorism law experience of other countries is also considered as guidance on whether the proscription mechanism of 2003 should be reintroduced. Finally, the delineation of a proposed offence of secession is discussed in the context of recent heated debates on Hong Kong independence.