HK General Chamber of Commerce (HKGCC) invited Mr. Paul T K Lam, SBS, SC, JP, Secretary for Justice and Mr. Tang Ping-keung, GBS, PDSM, JP, Secretary for Security, to address and answer questions from the Chambers of Commerce in HK.

Main points:

• Article 23 came into effect on 23 Mar 2024 after a period of consultation with the business communities in HK.
• The final version of Article 23 was the result of a thorough process, not a rubberstamping of the draft. 90 amendments were made to the draft Law after
  • 50 hours debating the draft Law in LegCo over 7 days including the weekend.
  • Answering many challenging questions from Executives in LegCo.
• Most concerns related to the wide definition of “State Secret” and measures against “Absconders”. Mr Lam advised not to look at the definition only but consider all elements of a specific offense e.g. is there actual knowledge that it is a state secret, distinguish between “criticism” and “inciting hatred”.
• Article 23 is a defensive law and the best case is that HK does not need to use it.

Questions and comments raised by Chambers of Commerce:

1. The Chambers of Commerce thanked the HK General Chamber of Commerce & the government for organizing this event and many others relating to Article 23. The chambers felt engaged throughout the process.
2. The general public should be made aware of the process followed and the fact that 90 amendments were made to the draft.
3. It is important that all government departments have the correct interpretation of the Basis Law Article 23. Mr. Lam and Mr. Tang advised that there is coordination between the government departments and that the answers to their questions are drafted and reviewed by the Dept of Justice and the Dept of Security.
4. Regular reporting of any offences is vital as this will build confidence and better understanding of Article 23 amongst the public. One suggestion was to publish an annual report. Both Mr. Lam and Mr. Tang agreed and said that any offenses against Article 23 will be monitored and if there are any, the reason for applying Article 2023 will be clearly stated.
5. Feedback from overseas is often based on misinformation. Government response is generally too lengthy and published in SCMP which is not read overseas. Short bullet points addressing the key concerns and bite sized information on social media in vocabulary that is understood by people from all countries regarding their native language would be more effective. Mr. Lam took this request for more user-friendly material onboard. Mr. Tang also suggested that Chambers point their members to the dedicated website for more information. Safeguarding National Security: Basic Law Article 23 Legislation – Safeguarding National Security Ordinance and other relevant documents (sb.gov.hk)
6. Interaction between the media (home and overseas) and the government is sometimes construed as “government rebuttal”. Mr. Lam said that the government wants to continue interacting with the media in a non-confrontational manner but that it is necessary to clarify some of the misinformation in a timely manner. Mr. Lam stressed again that Article 23 is not a “live issue” and it is therefore not necessary to be discussed daily.
7. Mr. Tang asked the chambers to encourage their overseas members/ contacts to visit HK and see how HK is functioning.