Understanding the National Security Law (NSL) of Hong Kong: Definition, Thresholds, and Criticisms
The National Security Law (NSL) of Hong Kong is a topic of great interest, especially with the recent events in the city.
To better understand the law, RTHK, a Hong Kong radio station, has launched a programme called "NSL Chronicles II" which aims to provide the general public with more information about the law.
The programme is hosted by Thomas So, a member of the Chinese People's Political Consultative Conference (CPPCC) and CM Chan, the Head of the Centre for the Rule of Law at the Hong Kong Polytechnic University.
The NSL is a comprehensive law that covers various aspects of national security, including terrorist activities.
According to Article 24 of the NSL, to constitute the offence of "terrorist activities", a person must organise, plan, commit, participate in or threaten to commit terrorist activities stipulated in the law, causing or intended to cause grave harm to the society with a view to coercing the Central People's Government, the HKSAR government or an international organisation or intimidating the public in order to pursue political agenda.
Such terrorist activities include serious violence against a person or persons, explosion, arson or dissemination of poisonous or radioactive substances, pathogens of infectious diseases or other substances, sabotage of means of transport, transport facilities, electric power or gas facilities, or other combustible or explosible facilities, serious interruption or sabotage of electronic control systems for providing and managing public services such as water, electric power, gas, transport, telecommunications and the internet, or other dangerous activities which seriously jeopardise public health, safety or security.
It is important to note that the threshold for conviction under the NSL is high.
In the case of HKSAR v TONG YING KIT, a heavy-duty motorcycle was driven by Tong, the defendant, who crashed the motorcycle into and injured police officers, despite repeated police instructions to stop.
He displayed a flag advocating Hong Kong independence on his motorcycle.
In this case, the prosecution proved beyond reasonable doubt that Tong's purpose was causing grave harm to society.
Displaying his flag in crowded streets, running through police checklines and eventually crashing into a group of police officers, Tong's actions did qualify In response to criticisms that the National Security Law (NSL) is too harsh, Director of Public Prosecutions (DPP) Simon Cross argued that there is a global trend of treating cyber terrorism seriously.
He cited a case of doxxing, where an Immigration Department official released the private information of over 200 public officials on the internet, as an example of cyber terrorism.
The presiding judge in the case referred to it as "internet al-Qaeda".
Cross also pointed out that the NSL is not the only legislation with stringent terrorism provisions.
He mentioned the Patriot Act of the United States and the Counter-Terrorism and Sentencing Act of the United Kingdom as examples of anti-terrorism laws that have been enacted globally in response to frequent extremist bombings in the 21st century.
He argued that such legislation is necessary as governments have recognised that "kid gloves are not the proper response to this type of crime".
Cross also defended the NSL against criticisms that it is too draconian, saying that such criticisms are "wholly unmerited".
He pointed out that the NSL actually puts the International Covenant on Civil and Political Rights front and centre, which guarantees fair trial protections to anyone charged under the law.
In conclusion, Cross argued that the NSL is consistent with the global trend of treating cyber terrorism seriously and is not harsher than other common law statutes in restricting terrorism.
He also defended the law against criticisms by highlighting its provisions that guarantee fair trial protections.