Hong Kong Basic Law Article 23 - Background

Background

Under British rule, Hong Kong had a number of controversial laws regarding national security, which among other things allowed the Hong Kong government to ban organizations, which it did in regard to both the Communist Party of China and the Kuomintang. Although these laws had rarely been enforced since the 1960s, there was concern about the possible use of those laws after the handover to the People's Republic of China (PRC).

Article 23 of the Hong Kong Basic Law stipulates that the Hong Kong Special Administrative Region shall enact laws on its own to protect national security. At the time of the drafting of the Basic Law this was intended to be protective of civil rights in that it placed responsibility for drafting these laws with the Hong Kong government.

The Hong Kong Government has drafted the National Security (Legislative Provisions) Bill to implement Article 23 and replace British colonial era laws on the subject.

The controversy over Article 23 began in mid-2002 when Qian Qichen, Vice Premier of the State Council, expressed Beijing's desire for Hong Kong to pass the required legislation quickly. This prompted the Chief Executive of Hong Kong Tung Chee Hwa to begin the process of drafting the said legislation. Many in Hong Kong believe that Tung's responsiveness to this request, in contrast to what is commonly perceived to be his lack of desire, was due in part to the fact that Tung himself owes a personal debt to the PRC government: his family's shipping conglomerate Orient Overseas was bailed out for the sum of US $110 million by Chinese government-owned companies in the 1980s.

Read more about this topic:  Hong Kong Basic Law Article 23

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