Published: 20:36, March 6, 2024 | Updated: 21:11, March 6, 2024
Article 23 legislation FAQs: Separating fact from fiction


Editor’s Note: Secretary for Security Chris Tang Ping-keung and Secretary for Justice Paul Lam Ting-kwok answered questions at a meeting with the city's legislature’s joint panel on legislation of Article 23 of the Basic Law.

This photo shows lawmakers during a joint panel discussion on the legislation of Article 23 of the Basic Law at the Legislative Council in Hong Kong on Mar 6, 2024. (ANDY CHONG / CHINA DAILY)

The upcoming legislation has provoked numerous questions about its likely effects on Hong Kong society. The following Q&A sets the record straight.

Q:  Will the proposed legislation leads to the banning of social media platforms in Hong Kong?

Lam: The Hong Kong SAR government has absolutely no intention of banning any social media platforms. The legislation will only target those who use social media as a tool to spread information that endangers national security. Hong Kong is an international trade center that relies on freedom of information, and it will continue to uphold and consolidate information freedom.

Q: What should I do if I accidentally find some documents that may involve State secrets? 

Lam: One key aspect of committing a crime involving the theft of State secrets is whether the offender does it knowingly. If you accidentally come across such information without being aware of its nature, it would not be considered  “knowingly”. In such a situation, no one would be arrested. If you read the contents and realize that it may involve State secrets, you should promptly hand them over to the relevant authorities such as a police station. It would be illogical to discard them or give them to others.

Q: Will I get arrested for sedition if I criticize the government, officials or express dissenting opinions?

Lam: Expressing dissenting views against the government or dissatisfaction with the government does not violate any laws. As a matter of fact, there are voices criticizing the government every day, and no one has been charged simply for criticizing the government or its officials.

Q: Is it illegal to engage in discussions with ordinary foreign institutions?

Tang: Engaging in discussions with ordinary foreign institutions, including normal academic exchanges, will not constitute a violation of the proposed national security ordinance.

Q: Will it constitute a crime if I serve in a foreign armed force? Will I violate the proposed ordinance if I engage in recreational shooting or war games outside Hong Kong?

Tang: Generally speaking, people with foreign nationality who serve in the armed forces of their respective governments will be exempt from the offense of “unlawful drilling” under the proposed ordinance. The government also considers exemptions for people who have immigrated to other countries and are required to participate in military service or conscription according to local laws. Furthermore, this offense only covers military exercises related to foreign forces ; engaging in recreational shooting or war games does not constitute a crime.