Paul Lam gives four ‘necessaries’ of Article 23 legislation

30-01-2024 17:22 HKT

Secretary for Justice Paul Lam Ting-kwok gave four “necessaries” of the legislation of Article 23 as the government introduced the consultation documents to lawmakers on Tuesday.

The four “necessaries” are formulating an efficient and visionary domestic national security law in accordance with Hong Kong’s actual circumstances and foreign experiences; completing the constitutional duty of the legislation as soon as possible; fully fulfilling the demands laid out by the National People’s Congress’ 5.28 decision and the HKNSL; and adopting international standards to protect human rights and insist on the rule of law spirit.

Lam made the remarks during his opening address in the joint meeting called by the Legislative Council security panel and administration of justice and legal services panel.

He also stressed that the newly proposed offenses will be pressed against the defendants in accordance with the general criminal law principles, meaning the prosecution will have to prove the intent of the accused.

The legislation will not affect Hongkongers’ daily lives and citizens need not to worry about accidentally breaking the law, Lam added.

Still, the justice chief pointed out that most of the rights and freedoms protected by the Basic Law are not absolute, including freedom of speech and freedom of assembly, procession and demonstration.

These freedoms can be subjected to restrictions in the context of safeguarding national security, Lam noted.

Secretary for Security Chris Tang Ping-keung said there are actual needs for the legislation of Article 23. He added that as international developments evolve, Hong Kong faces all kinds of national security risks everyday.

Society has consent that the loophole should be plugged at the soonest and about one month of consultation will be sufficient, Tang added.