Image credits - San Tsang
In a bid to allay concerns among Hong Kong academics, officials have cleared that individuals collaborating with foreign institutions will not be adversely affected by the proposed external interference offence in the upcoming domestic national security law of the city. Paul Lam Ting-kwok, the secretary for justice addressed the issue on Saturday, assuring that exaggerated examples were causing unnecessary anxiety.
The proposed external interference offence is a primary component of the home-grown security legislation mandated under Article 23 of Hong Kong’s Basic Law, the city’s mini-constitution. The primary objective of this provision is to outlaw the use of improper means with the intent to bring about interference in collaboration with an external force. While the government maintains the necessity of such a law to safeguard national security, concerns have arisen regarding its possible impact on academic freedom and international collaborations.
Secretary Lam underscored that the proposed legislation would not be a hindrance to the academics involved in collaborations with foreign institutions. He sought to dispel fears by labelling certain examples as “exaggerated,” indicating that the main focus is on actions that could genuinely pose a threat to national security.
Furthermore, Lam disclosed that authorities are considering outlining conditions under which the defence of public interest could be invoked. This measure aims at protecting against possible abuses of the legislation, particularly concerning proposed state secrets crimes. The conditions might also include emergencies or life-threatening situations, providing a legal framework for individuals to act in the interest of public safety.
The proposed legislation has been a point of contention, also expressing concerns about potential overreach and the stifling of dissent. As per a consultation paper for the legislation that was issued on Tuesday colluding with an external force and intentionally publishing a misleading or false statement of fact to endanger national security could potentially amount to an espionage offence. As an adjunct law professor at the University of Hong Kong, Johannes Chan Man-mun showcased his concerns regarding the proposed offences by stating that academics could face many repercussions due to their work with foreign counterparts in tracing the origin of pathogens that generated and provoked the COVID-19 pandemic. On the other hand, Chris Tnag Ping-Keung, the secretary for security on Saturday, asserted it as an invalid example and said that academic institutions do not fall under the criteria of external force and that the result of bad research would not be considered intentional misrepresentation.
The government is also planning to update the Official Secrets Ordinance with the intent to introduce a theft of state secrets offence covering seven types of ‘state secrets’, as a part of the forthcoming legislation. For media coverage, the lawmakers have stipulated a public interest defence. Justice Minister Lam said that the authorities actively considered including a defence in the bill and that the conditions under which it could be cited in a trial would be specified. He further said that it might be urgent and important that if it was not disclosed, it might endanger public safety and threaten life and health. Tang also informed that the public interest defence can also be applied during scandals.
The government’s commitment to protecting academic freedom while safeguarding national security will be an important aspect in shaping the final contours of the law. Lam added by saying that all offences covered by the legislation would not have an effect outside the city or even on non-Chinese citizens. Authorities needed to conduct more research in-depth to decide the scope of each applied offence. Until February 28, the consultation period of 30-day will run.