【Friday Beyond Spotlights III】Honorable Chris Tang: Safeguarding Hong Kong’s Security

Hosted by Nick Chan, episode 3 of Season 3 featured the Honorable Mr. Chris Tang, GBS, PDSM, JP, Secretary for Security of the Government of the Hong Kong Special Administrative Region. Tang shared his insights and experience on maintaining a secure environment for business development and the methodical process in spearheading the passage of the Safeguarding National Security Bill.

The Safeguarding National Security Ordinance

Tang pointed out that the Safeguarding National Security Bill was officially passed by the Legislative Council on March 19, 2024, and came into effect on March 23, 2024. The purpose of enacting this ordinance is to implement Article 23 of the Hong Kong Basic Law. Article 23 states that the Hong Kong Special Administrative Region shall enact laws on its own to prohibit, inter alia, acts of treason, secession, sedition, subversion against the Central People’s Government, and theft of state secrets. The Safeguarding National Security Ordinance includes offenses such as treason, insurrection, incitement to mutiny, theft of state secrets, espionage, sabotage, and external interference endangering national security.

During the episode, Tang was asked about the perspectives of different stakeholders regarding the passage of the Safeguarding National Security Bill into law. Tang stated, “Because of political reasons, even if they have some concerns, they recognize that we have a constitutional responsibility to enact legislation on Article 23.”

Tang answered the concern of some business chambers on the term ‘state secrets’ by defining it: “You have to have made disclosure without lawful authority; and it would very likely endanger national security; and then the secret falls within seven particular types of areas.” He emphasized that if there is no mental element of endangering national security, no offence would be committed.

Regarding offenses related to national security, Tang highlighted that the act of proving an individual’s endanger to national security “is up to the prosecution to prove beyond a reasonable doubt before we can proceed with the prosecution and convict in court.” Also, an exemption on the basis of over-riding public interest has now been included.

Tang expressed his perspective on the need to legislate under Article 23 of the Basic Law to block loopholes because the National Security Law covers only four categories of offences, whereas under Article 23, there are seven types of acts: two are covered by the Hong Kong National Security law, but five remain untouched.

Tang mentioned that some safeguards had been built into Article 23, and major issues like protecting rights and freedoms enjoyed by Hong Kong residents in accordance with the Basic Law and two major international covenants.

Personal journey

Tang also shared his personal journey of becoming a police officer during the episode. “Joining the police, it’s my life’s dream. As a young kid, I lived next to the police station, so I always liked to be a police officer, it’s never changed. I’m lucky that I can do what I want,” he said. Speaking of his approach to overcoming challenges and obstacles through the Can-Do Lion Rock Spirit, Tang shared, “Growing up, my parents always emphasized the importance of loving Hong Kong, respecting each other, and this is how Hong Kong grows. It’s all because everyone takes one more step, to not just think about ourselves, but to think about something bigger, he concluded.