Published: 18:40, February 27, 2024 | Updated: 21:01, February 27, 2024
Law Society sees security, rights being upheld in Article 23 legislation
By Oasis Hu

(From left to right) Roden Tong, Vice-President, The Law Society of Hong Kong; C.M. Chan, President, The Law Society of Hong Kong; and Christopher Yu, Vice-President, The Law Society of Hong Kong; pose for a group photo before a press conference on the society's submission of its views about proposed Article 23 legislation on Feb 27, 2024. (CALVIN NG / CHINA DAILY)

The head of the city’s solicitors’ group on Tuesday expressed his confidence in Hong Kong, which is blessed with a well-established legal tradition, being able to strike a balance between protecting national security and upholding human rights and freedom as the two are not a “zero-sum game”.

Chan Chak-ming, president of the Law Society of Hong Kong – a professional body with a membership of 13,000 solicitors, said this after the organization had submitted its opinions regarding the local legislation of Article 23 of the Basic Law to the special administrative region government.

This legislation is of significant concern to both the local and international communities, and should be completed as soon as possible, said Chan Chak-ming, president of the Law Society of Hong Kong – a professional body with a membership of 13,000 solicitors

Article 23 of the Basic Law requires Hong Kong to enact its own laws to prohibit seven categories of national security offenses, such as treason, secession, and theft of state secrets. On Jan 30, the government initiated a public consultation on the proposed legislation, which is set to conclude on Wednesday after nearly a month of collecting public views.

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Chan said that its suggestions on the legislation of Article 23 were made after consulting many foreign consulates, domestic and international chambers of commerce, and different organizations.

All of those consulted agreed that it is a constitutional obligation for Hong Kong to enact national security legislation under Article 23, Chan revealed.

This legislation is of significant concern to both the local and international communities, and should be completed as soon as possible, Chan said.

Chan acknowledged that concerns exist about the legislation. However, he said that at this stage, there is only a proposal and not a bill regarding Article 23, and it is understandable that people are concerned about the extent of coverage that the legislation might entail.

READ MORE: Foreigners in HK back Article 23 legislation to boost security

The professional group also suggested that the government provide a clear explanation over certain wording, such as “secrets concerning the economic and social development of our country or the HKSAR” and “secrets concerning the technological development or scientific technology of our country or the HKSAR”, when drafting the law so as to help the public understand it.

In addition, the Law Society recognizes the necessity for the law to have an appropriate extraterritorial effect. However, it suggests the government carefully consider how this would be implemented and how prosecutions would be conducted, Chan said.