Latest news with #OSNS
HKFP
20-05-2025
- Politics
- HKFP
Article 23 security law update provides ‘legal certainty' against threats, Hong Kong leader John Lee says
The new subsidiary legislation for Hong Kong's homegrown security law – also known as Article 23 – provides 'legal certainty' against national security threats, Chief Executive John Lee has said. Hong Kong fast-tracked the subsidiary laws under Article 23 through the legislature last week, enacting the laws less than 24 hours after they were introduced to the Legislative Council (LegCo). The new laws created six offences related to Beijing's Office for Safeguarding National Security (OSNS) in Hong Kong and designated six sites occupied by the office as 'prohibited places' to prevent intruders and spies. Asked if the legislation had been given sufficient time, Lee said on Tuesday that the update must be completed 'as early as possible' amid growing uncertainty in global politics. 'I have said many times that national security risks are like a virus; the risks always exist around us,' he told reporters during a regular press conference. 'It is imperative to complete the subsidiary legislation as early as possible to ensure legal certainty,' he said. He also said the subsidiary legislation did not grant new powers to the OSNS; instead, it provided details about the office's work under the Beijing-imposed national security law. 'The subsidiary legislation refines the implementation rules, their details, and administrative matters of these provisions, making them clearer,' Lee said. 6 new offences The OSNS was established in July 2020 under the Beijing-imposed national security law, which was enacted in the wake of the 2019 pro-democracy protests and unrest. Separate from the Beijing-imposed national security law, Article 23 – formally called the Safeguarding National Security Ordinance – was enacted in March 2024, after it was fast-tracked at the city's opposition-free legislature. Under the new subsidiary laws, failing to comply with the OSNS' legal notices or providing false or misleading information to the OSNS has been criminalised, carrying a maximum penalty of seven years in jail and a HK$500,000 fine. Entering the OSNS' premises without authorisation could result in a maximum jail term of two years, while conducting espionage activities such as inspections in person or via electronic devices is punishable by up to 20 years in jail. The changes were enacted under a 'negative vetting' procedure, allowing them to be first published in the gazette before being formally brought to the legislature for scrutiny. A LegCo subcommittee, comprising the same 15 lawmakers who oversaw Article 23's passage last year, did not raise any amendment proposals as it vetted the new laws for about five hours on Thursday. Lee on Tuesday also lauded his administration for drafting the legislation and the 'quick results' of the LegCo subcommittee. It 'reflects that the executive and the legislature are working together to safeguard national security,' he said. Separate to the 2020 Beijing-enacted security law, the homegrown Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, theft of state secrets and espionage. It allows for pre-charge detention of up to 16 days, and suspects' access to lawyers may be restricted, with penalties involving up to life in prison. Article 23 was shelved in 2003 amid mass protests, remaining taboo for years. But, on March 23, 2024, it was enacted having been fast-tracked and unanimously approved at the city's opposition-free legislature. The law has been criticised by rights NGOs, Western states and the UN as vague, broad and 'regressive.' Authorities, however, cited perceived foreign interference and a constitutional duty to 'close loopholes' after the 2019 protests and unrest.
HKFP
18-05-2025
- Politics
- HKFP
Explainer: 6 new offences, 6 ‘prohibited places' – what to know about Hong Kong's Article 23 security law update
Hong Kong enacted subsidiary legislation for its homegrown security law – known locally as Article 23 – this week to further facilitate China's national security office in the city. The Hong Kong government gazetted – and enacted – the new legislation on Tuesday, less than 24 hours after it was introduced during an extraordinary, off-schedule Legislative Council (LegCo) meeting on Monday. The changes were enacted under a 'negative vetting' procedure, allowing them to be first published in the gazette before being formally brought to the legislature for scrutiny. A government spokesperson said on Tuesday that the update was made 'against the increasingly turbulent global geopolitical landscape' and that its completion would be 'the earlier the better.' Under the new subsidiary laws, six new offences were created to facilitate the work of Beijing's Office for Safeguarding National Security (OSNS) in Hong Kong, and six sites occupied by the office were declared 'prohibited places' to prevent intruders and spies. A LegCo subcommittee, comprising the same 15 lawmakers who oversaw Article 23's passage last year, did not raise any amendment proposals as it vetted the new laws for about five hours on Thursday. The OSNS was established in July 2020, shortly after Beijing enacted a national security law in the city, in the wake of the 2019 pro-democracy protests and unrest. Separate from the Beijing-imposed national security law, Article 23 – formally called the Safeguarding National Security Ordinance – was enacted in March 2024, after it was fast-tracked at the city's opposition-free legislature. Here is what you need to know about the subsidiary laws, from new offences to duties of the Hong Kong government: 6 new offences Article 55 of the National Security Law stipulates that the OSNS shall exercise jurisdiction over a national security case in Hong Kong under three 'special circumstances,' namely when the case is 'complex' due to the involvement of foreign countries, when the city government is unable to enforce the national security law, and when a 'major and imminent threat' to national security has occurred. The Hong Kong government said the new subsidiary laws would provide the 'implementation details' for the OSNS' operation when such special circumstances arise. The six new offences carry maximum penalties of years-long jail terms and fines of hundreds of thousands of dollars. Failing to comply with the OSNS' legal instruments, providing false or misleading information or documents, disclosing the OSNS' measures or investigations, as well as forging documents of the OSNS, could result in up to seven years' imprisonment and a fine of HK$500,000. Resisting or obstructing OSNS staff in the performance of their duties, as well as pretending to be an OSNS staff member or pretending to be able to influence them, is punishable by up to three years behind bars and a fine of HK$200,000. Offence Maximum p enalty Forging OSNS documents, etc. 7 years in jail and HK$500,000 fine Failing to comply with a legal instrument 7 years in jail and HK$500,000 fine Disclosing measures being taken or investigations being conducted by the OSNS 7 years in jail and HK$500,000 fine Forging OSNS documents, etc. 7 years in jail and HK$500,00 fine Resisting or obstructing the OSNS or staff members of the OSNS in the performance of duty, etc. 3 years in jail and HK$200,000 fine Falsely pretending to be or be able to influence OSNS staff members 3 years in jail and HK$200,000 fine Besides the six offences, the new subsidiary laws also stipulate that information related to the work of the OSNS should be kept confidential and that people should not disclose such information without prior approval from the OSNS. 6 'prohibited places' The six 'prohibited places' include four hotels and the office's future permanent headquarters in Kowloon. They are: the Metropark Hotel Causeway Bay, the City Garden Hotel in North Point, the Island Pacific Hotel in Sai Wan, the Metropark Hotel Hung Hom, and two locations along Hoi Fan Road in Tai Kok Tsui. The Hung Hom hotel and a construction site located at the junction of Hoi Fan Road and Sham Mong Road were only known to be associated with the OSNS after the government announced the six 'prohibited places' on Tuesday. The Metropark Hotel in Causeway Bay has been the OSNS' temporary headquarters since the office's establishment in July 2020. Local media reported in 2021 that the City Garden Hotel in North Point and the Island Pacific Hotel in Sai Wan were used by the OSNS for staff accommodation. The two Metropark hotels are properties of China Travel Service, a Chinese state-owned travel company. The Island Pacific Hotel and the City Garden Hotel are owned by Hong Kong property developer Sino Group, controlled by Singaporean tycoon Robert Ng and his family. Ng and at least three of his children are members of the Chinese People's Political Consultative Conference (CPPCC), China's main political advisory body, Singaporean media reported. Six prohibited places Premises District 148 Tung Lo Wan Road, Hong Kong, occupied by the OSNS Metropark Hotel Causeway Bay Causeway Bay 9 City Garden Road, Hong Kong, occupied by the OSNS City Garden Hotel North Point 152 Connaught Road West, Hong Kong, occupied by the OSNS Island Pacific Hotel Sai Wan 1 Cheong Tung Road, Kowloon, occupied by the OSNS Metropark Hotel Hung Hom Hung Hom The junction of Hoi Fan Road and Sham Mong Road, Kowloon, occupied by the OSNS The OSNS' future permanent site Tai Kok Tsui Hoi Fan Road, Kowloon, occupied by the OSNS The OSNS' future permanent site Tai Kok Tsui With their designation as prohibited places, the sites are now protected by provisions against intruders and spies under Article 23. Under Article 23, espionage activities involving prohibited places, including inspections in person or via electronic devices, are punishable by up to 20 years in jail. Meanwhile, entering prohibited places without lawful authority, disobeying orders made by police or guards of the prohibited places, and obstructing their duties carry a maximum penalty of two years behind bars. Some journalists told HKFP on Wednesday that police stopped them from taking photos and videos of two prohibited sites – at the junction of Hoi Fan Road and Sham Mong Road and the Metropark Hotel in Causeway Bay. Filming outside the Metropark Hotel in Hung Hom, however, did not encounter any problems, they said. Secretary for Security Chris Tang told the legislature on Thursday that taking photos of the prohibited sites would be illegal only if there was 'a criminal intent.' In a press release on Friday, a government spokesperson said: 'There is no problem for members of the public to purely 'check in' and take photos near a prohibited place while passing by, without any intention of endangering national security.' However, police officers and security guards at the prohibited places are entitled to ask any person to leave the area if they believe there is a risk to national security, the spokesperson added. Duties of Hong Kong gov't The new subsidiary laws enacted on Tuesday also stipulate the duties of the Hong Kong government in assisting the OSNS in performing its functions. The OSNS is an apparatus of the central government in Beijing, not of the Hong Kong government, according to the Beijing-imposed national security law. The office's duties include 'overseeing, guiding, coordinating with, and providing support' to the Hong Kong government in national security matters. Under the new laws, any government department or agency in Hong Kong, as well as any public servant, must provide 'all necessary and reasonable assistance' to the OSNS upon its request. This includes giving priority to OSNS staff and vehicles when entering and departing Hong Kong. Staff and vehicles of the OSNS are allowed to enter any place under the authority of the Hong Kong government, including those that require a permit to enter. They are also allowed to use any premises under the Hong Kong government. Any document purporting to be created or issued by the OSNS must be admitted as evidence in any proceedings without the OSNS having to produce further proof. In an explanatory document about the subsidiary laws submitted to the Legislative Council on Monday, the Hong Kong government said the OSNS would only exercise jurisdiction over 'a very small number of cases that are of a serious and egregious nature and involve a significant impact.' 'Although the possibility of the OSNS exercising jurisdiction… is quite low, the [Hong Kong] Government must plan ahead and establish a mechanism at the local law level to enable the OSNS to effectively perform its mandate,' the document said. Original reporting on HKFP is backed by our monthly contributors. Almost 1,000 monthly donors make HKFP possible. Each contributes an average of HK$200/month to support our award-winning original reporting, keeping the city's only independent English-language outlet free-to-access for all. Three reasons to join us: 🔎 Transparent & efficient: As a non-profit, we are externally audited each year, publishing our income/outgoings annually, as the city's most transparent news outlet. 🔒 Accurate & accountable: Our reporting is governed by a comprehensive Ethics Code. We are 100% independent, and not answerable to any tycoon, mainland owners or shareholders. Check out our latest Annual Report, and help support press freedom.
HKFP
15-05-2025
- Politics
- HKFP
Hong Kong legislature to form subcommittee to oversee new updates to Article 23
Hong Kong's legislature will form a subcommittee to oversee two new pieces of subsidiary legislation under the city's homegrown national security law, appointing the same roster of lawmakers who oversaw its passage last year. The decision was made during a Legislative Council (LegCo) meeting on Thursday morning, just two days after Hong Kong enacted the new subsidiary laws under the city's domestic security law, also called Article 23, including the imposition of a maximum jail term of seven years for disclosing investigations by Beijing's national security office. The government also announced on Tuesday that six sites occupied by Beijing's Office for Safeguarding National Security (OSNS) in Hong Kong were designated as 'prohibited places' under Article 23. At the Thursday meeting, which lasted just under seven minutes, House Committee chair Starry Lee quoted a letter from Secretary for Security Chris Tang, referring to 'escalating geopolitical tensions' and risks of national security threats emerging 'all of a sudden.' Lee, as well as the other lawmakers who presented their views at the Thursday meeting, supported the legislation, saying that there was a pressing need for the legislative work on the two new laws to be completed. Lawmaker Chan Kin-por recommended setting up a subcommittee in relation to the two pieces of subsidiary national security legislation, suggesting that it comprise the same 15 lawmakers who oversaw the passage of Article 23 last year. 'The two articles are made under the Safeguarding National Security Ordinance. In order to maintain continuity, I suggest that the chairperson, deputy chairperson, and members of the Safeguarding National Security Bills Committee be on the subcommittee,' he said. According to LegCo records, the bills committee was chaired by veteran lawmaker Martin Liao, whom the government previously said had 'facilitated the smooth passage of a number of important bills' in the legislature, including the domestic security law. Legislator Gary Chan of the Democratic Alliance for the Betterment and Progress of Hong Kong is the deputy chair of the subcommittee. Also on the subcommittee are lawmakers Regina Ip, Tommy Cheung, Stanley Ng, and Holden Chow. The two subsidiary law changes were enacted on Tuesday under a 'negative vetting' procedure, allowing them to be first published in the gazette before being formally brought to the legislature for scrutiny. According to the legislation gazetted on Tuesday, anyone who discloses any information related to the measures and investigations by Beijing's Office for Safeguarding National Security (OSNS) in Hong Kong can face a fine of up to HK$500,000 and imprisonment for up to seven years. Anyone who provides false or misleading information to the office is also liable to conviction and can be punished with a maximum fine of HK$500,000 and a jail sentence of up to seven years. Separate to the 2020 Beijing-enacted security law, the homegrown Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, and theft of state secrets and espionage. It allows for pre-charge detention of up to 16 days, suspects' access to lawyers may be restricted, and penalties can involve up to life in prison. Its legislation failed in 2003 following mass protests, and it remained taboo until 2024 when it was fast-tracked at the city's opposition-free legislature.
HKFP
15-05-2025
- HKFP
Hong Kong police stop journalists from taking photos, videos of ‘prohibited places' linked to national security office
Hong Kong journalists have told HKFP that police have stopped them from taking photos and videos of two sites linked to Beijing's national security office, which are among six designated 'prohibited places.' Benjamin, a reporter at a local media outlet, said that he and three colleagues arrived near the entrance of the construction site at the junction of Hoi Fai Road and Sham Mong Road on Wednesday to photograph and film the site. The construction site in Tai Kok Tsui is one of six locations occupied by the Office for Safeguarding National Security (OSNS) declared by the Hong Kong government on Tuesday as 'prohibited places,' under the city's Safeguarding National Security Ordinance, known locally as Article 23. 'We were standing on a pedestrian path,' said Benjamin, who asked to use a pseudonym due to safety concerns. 'Around two minutes after we arrived, one police officer ran towards us, followed by three to four police officers running towards us from different directions,' he said in Cantonese. 'The police officers said that we could not take any photos or videos, and requested that we delete all footage from our cameras.' The police officers also watched the journalists deleting all photos and videos of the construction from their cameras and recorded information on their press cards, Benjamin added. On Wednesday, an HKFP reporter saw two police officers standing at two exits of a footbridge leading to the construction site at the intersection of Hoi Fan Road and Sham Mong Road. Parts of the footbridge from which one could overlook the site were boarded up. According to the Hong Kong government, the six prohibited places are: the Metropark Hotel Causeway Bay, the City Garden Hotel in North Point, the Island Pacific Hotel in Sai Wan, a China Travel Service (CTS) hotel in Hung Hom, and two locations along Hoi Fan Road in Tai Kok Tsui. The two Hoi Fan Road locations, which are still under construction, will serve as the permanent premises of the OSNS. According to Article 23, entering prohibited places without lawful authority, disobeying orders made by police or guards of the prohibited places, and obstructing their duties are punishable by up to two years behind bars. It also stipulates that espionage activities involving prohibited places, including inspections in person or via electronic devices, carry a maximum jail sentence of 20 years. Benjamin said he and his colleague asked the police officers if they would be allowed to film the site across the street, and if ordinary people could film or photograph the site simply with their smartphones. Benjamin said the police told him that 'no recordings of the site are allowed.' However, the journalist said the rules on taking photos and videos of prohibited places from outside seemed to be inconsistent. He and his colleagues later went to Hung Hom. They could take videos and photos outside the CTS hotel, formerly the Metropark Park Hotel Hung Hom, without any interference, he said. HKFP has contacted the Hong Kong Police Force to clarify whether journalists are allowed to take photos or videos of the prohibited places from public areas. Metropark Hotel Causeway Bay Ethan, a reporter at a local newspaper, told HKFP that on Wednesday, police stopped him from taking photos of the Metropark Hotel Causeway Bay, which serves as the temporary headquarters of the OSNS, and recorded personal details on his press card. Ethan, who also asked to use a pseudonym due to safety concerns, said that he noticed there were three to four police vehicles parked near the site, while police officers and security guards in blue uniforms patrolled the area. 'I was taking photos of the site across the street,' Ethan said. 'Very soon, a security guard crossed the street and told me, 'It is sensitive, you should leave after taking one or two photos.' 'He also told me not to take photos of the vehicles and people entering or leaving the prohibited building. Then, a police officer came out of a police vehicle, asked me which media outlet I worked for, and recorded information on my press card.' An HKFP reporter noticed on Wednesday that four police officers stood on two roads leading to the Metropark Hotel in Causeway Bay, while one police vehicle was parked nearby.
Business Times
14-05-2025
- Politics
- Business Times
Hong Kong rushes to beef up security law, cementing China's grip
[HONG KONG] Hong Kong fast-tracked new national security rules that further consolidate Beijing's control over the financial hub, with the changes taking effect immediately. The government on Tuesday (May 13) gazetted measures to facilitate the work of Beijing's national security office in the city, including new penalties for failing to comply with investigations. Premises used by the body – known as the Office for Safeguarding National Security (OSNS) – will be designated 'prohibited places,' according to an official statement. The swift roll-out underscores the government's urgency in reinforcing security controls as geopolitical frictions grow. Beijing's reaction to Hong Kong billionaire Li Ka-shing's sale of port assets – including two in Panama – amid the US-China trade war has already prompted some wealthy investors to reassess their exposure to the former British colony. The legislation was made just a day after the authorities disclosed the proposals for it, using a so-called negative vetting process that allows the law to take effect before being reviewed by lawmakers. A spokesperson for the Hong Kong government said the measures fulfil a constitutional duty to counter 'increasingly turbulent global geopolitical' risks, without naming any country. 'The new regulations bring us a step closer to normalising the mainland office as a law enforcement body in Hong Kong with suitable protections under the law,' said Simon Young, a legal professor at the University of Hong Kong. The rules include provisions requiring public servants to assist the OSNS and granting immunity from civil liability to anyone who complies with the office's orders. Disclosing an investigation by the OSNS or failing to follow its directives can result in up to seven years in prison. BT in your inbox Start and end each day with the latest news stories and analyses delivered straight to your inbox. Sign Up Sign Up Beijing is effectively carving up ''extra-territorial' pockets for China's criminal system within Hong Kong,' according to Victoria Hui, a political science professor at the University of Notre Dame. Hong Kong maintains a separate and independent judicial system from mainland China. Hui said allowing Beijing to handle national security cases in the city helps minimise potential backlash to what she called repression. 'Extraditing political prisoners across the border still looks bad,' she said, referring to Hong Kong's controversial 2019 attempt to pass legislation to allow fugitive transfers to the mainland. Prohibited sites The government marked six sites as prohibited areas, including a hotel in the Causeway Bay neighbourhood that was turned into the OSNS's temporary office and two locations in Kowloon being built into permanent sites for the agency. Entering such places without a permit is punishable by up to two years in prison and a fine. The new rules were gazetted as subsidiary legislation under the Safeguarding National Security Ordinance – a local law passed last year to complement the Beijing-imposed national security law enacted in 2020. That earlier law, introduced after widespread pro-democracy protests triggered by the since-withdrawn 2019 extradition bill, permits the OSNS to assume jurisdiction in cases deemed complex due to the involvement of a foreign country or posing major and imminent threats to national security. Authorities maintain the laws have restored stability and argue they do not affect the general public or normal business operations. BLOOMBERG
