Civil servants, from cleaners to policymakers, will need to fulfil their duty to identify national security breaches under new guidelines that will soon be released, Hong Kong鈥檚 security chief has said.
Secretary for Security Chris Tang Ping-keung said that even though Hong Kong had returned to stability after the 2019 anti-government protests, national security risks remained as Western countries continued to use the city as an avenue to blockade China.
鈥淓xternal forces, like the West, in a bid to oppress us, will use Hong Kong for acts of blockade and suppression on our country. That won鈥檛 change under the current geopolitical climate,鈥 Tang said, citing a white paper on national security issued by the State Council, the country鈥檚 cabinet, last month.
The paper accused 鈥渆xternal forces鈥 and 鈥渃ertain individual countries鈥 of posing threats to the mainland鈥檚 security, including stirring up trouble in Hong Kong.
Tang鈥檚 comments come as the national security law approaches its fifth anniversary at the end of this month. The Beijing-imposed law came into effect on June 30, 2020, and criminalises secession, subversion, terrorist activities and collusion with foreign forces.
Hong Kong passed its own domestic national security legislation, also known as Article 23, in March last year. The Safeguarding National Security Ordinance covers 39 offences divided into five categories: treason; insurrection, incitement to mutiny and disaffection, and acts with seditious intention; sabotage; external interference; and theft of state secrets and espionage.
Tang revealed that authorities were in the 鈥渇inal stages鈥 of formulating national security law guidelines for civil servants and aimed to roll them out by the end of the month.
鈥淏esides the law, we also hope to use simple language and plenty of examples to let our civil servants know that no matter which post or rank you hold, you may face national security risks and should be able to identify them,鈥 Tang said.
He raised two examples of how civil servants on all fronts, from cleaners to policymakers, should keep in line with the national security law.
Government-hired cleaners should notify supervisors if they spot slogans suspected of promoting Hong Kong independence in public bathrooms, Tang said, while civil servants responsible for approving funding to external organisations should object to relevant requests when a beneficiary was suspected of violating national security laws.
Tang revealed that the number of arrests related to national security crimes had dropped yearly since 2020. He said that the 332 arrests over the period showed authorities were only using the law to target a 鈥渟mall minority鈥 of people.
But he warned that risks would remain in the city as long as geopolitical tensions existed, emphasising that Hong Kong had to remain vigilant as external forces, local terrorism, absconders and 鈥渟oft resistance鈥 continued to threaten national security.
Tang said external forces continued to 鈥渟mear鈥 Hong Kong and issue sanctions on officials, with their local agents putting up 鈥渟oft resistance鈥 while trying to incite hatred towards the government.
The term 鈥渟oft resistance鈥 was first coined in April 2021 by former central government liaison office director Luo Huining, with Tang himself explaining two years later that such activities would take place under the guise of human rights and the arts to cover up organisers鈥 intent to divide society.
But when asked how the law should be enforced on 鈥渟oft resistance鈥 in the future, as actions that fell into this category could be lawful, Tang said that they were indeed 鈥渟ometimes legal, sometimes illegal鈥.
鈥淚f they are illegal, we will enforce the law accordingly. Many cases of 鈥榮oft resistance鈥 have been criminally prosecuted. Besides enforcing the law, promotion and education are also important,鈥 Tang said.
The minister added that his bureau would issue clarifications and rebuttals whenever misinformation emerged.
Tang also said authorities were reviewing a judgment from the Court of Final Appeal that quashed the convictions of three core members of a now-disbanded alliance 鈥 organisers of the city鈥檚 annual Tiananmen Square vigil 鈥 for refusing to cooperate with a police investigation.
The city鈥檚 top court ruled that the police commissioner must be able to prove that someone was a foreign agent before the force could directly issue a notice to the suspected person or organisation to hand over information without a prior disclosure order from the court.
鈥淲e are reviewing the relevant case鈥檚 judgment. We will need to take appropriate measures to plug relevant loopholes. New risks and situations will keep emerging; that鈥檚 why we have to evaluate our operations, our laws and promotional work for improvements,鈥 Tang said.
On local terrorism, Tang said one type involved organised groups seeking to inflict physical harm on residents. He cited the example of the 鈥淒ragon Slaying Brigade鈥 plot to ambush police with firearms and use up to 20kg (44lbs) of explosives during the 2019 social unrest. Eight people were convicted while six others were acquitted by the jury.
The other type of terrorist act was conducted by lone wolf attackers who operated without accomplices. This kind of potential attack was harder to detect than organised groups.
鈥淲hen we are investigating these cases, there are definitely challenges, including their elusive nature, especially with lone wolf attacks,鈥 Tang said.
鈥淗owever, I believe that when anyone commits a crime or intends to do so, there will be traces left behind.鈥