Article 23: Hong Kong proposes life sentence for treason and insurrection in new national security law

Hong Kong rolled out the new Safeguarding National Security Bill on Friday and proposed punishing those convicted of offenses including treason and insurrection with life imprisonment. 

The bill includes nine sections, such as “treason”, “offenses in connection with state secrets and espionage”, and “sabatage endangering national security”. 

It proposes jailing Chinese citizens who commit treason for life and those who intend to commit treason and publicly manifests intention commit treason for 14 years. Unlawful drilling can be punished for seven years as well. 

The penalty is seven years if a person is convicted of inciting disaffection of public officers of the SAR or officers of the Chinese Central Authorities in Hong Kong, and the term will be increased to 10 years if an external force is involved. 

As for the offense of unlawful disclosure of state secrets and state secrets acquired by espionage, the jail term is 10 years. 

Clause 29 of the bill also gives details of the public interest defense that the purpose of making a specified disclosure is to reveal circumstances in which the government’s performance of its functions in accordance with the law is seriously affected; or to reveal a serious threat to public order, public safety or public health. 

“[T]he disclosure is of an extent that does not exceed what is necessary for revealing the matter mentioned … and having regard to all the circumstances of the case, the public interest served by making the disclosure manifestly outweighs the public interest served by not making the disclosure.” 

Clause 109 also states that the Chief Executive has the power to issue a certificate to certify whether an act or matter involves national security or whether any material involves state secret. 

The maximum penalty for espionage is 20 years in prison and relevant acts include causing an unmanned tool to approach, inspect, enter or access a prohibited place. 

The term starts at 20 years for damaging or weakening public infrastructures with intent to endanger national security and can go straight to life imprisonment if an external force is involved. 

The bill also empowers the security minister to prohibit the operation of organizations believed to be engaging in activities endangering national security. Any person caught managing relevant prohibited organizations can be fined HK$1 million and jailed for 14 years. 

Anyone conducting any activities on behalf of those banned groups, providing assistance to or financing them can also be fined HK$250,000 and jailed for 10 years.