Published: 03:30, February 5, 2024 | Updated: 12:55, February 5, 2024
Article 23 crucial to curb rising national security risks in emerging fields
By Sunny Tan

Emerging technologies keep revolutionizing the way we live and work. The advent of cutting-edge technologies has given rise to increasing cybersecurity threats and new challenges, while nontraditional security threats have begun posing growing risks to national security, especially in emerging fields like cybersecurity, artificial intelligence (AI), and big data, plus future manufacturing, deep-sea and space exploration.

Countries and regions worldwide are taking a more holistic approach to address national security issues that cover not only political, but also economic and technological realms. Such security threats lurk in our society, as deepfake investment scams, personal data breaches, hacker intrusions and phishing attacks become common. Business operations, people’s daily lives and work are now more susceptible to security vulnerabilities and attacks.

Data from the Hong Kong Computer Emergency Response Team Coordination Centre (HKCERT), managed by the Hong Kong Productivity Council (HKPC), show that the number of phishing incidents in the special administrative region reached a five-year high in 2023. This year, cybercrime is expected to become more rampant. Hacker attacks may target personal devices and enterprises using third-party services.

READ MORE: Why disruptors are trying to obstruct Article 23 legislation

While Hong Kong faces increasingly complex and acute security threats and challenges, the National Security Law for Hong Kong (NSL) and other laws in force are inadequate in fully addressing acts and activities that may endanger national security. Should national security be undermined, the city’s economy and local residents will have to bear heavy costs. 

The ubiquity of technology exposes Hong Kong to heightened national security risks, calling for urgent enhancement of legislative and institutional mechanisms to strengthen national security safeguards. Article 23 legislation will create a winning combo with the National Security Law for Hong Kong, ... This “combo” will provide the secure, stable environment Hong Kong needs to become a smart city with a thriving digital economy

To plug the legislative loophole, the HKSAR government launched a monthlong public consultation exercise on Jan 30 on enacting legislation under Article 23 of the Basic Law. Chief Executive John Lee Ka-chiu stressed the importance of completing the legislative exercise as early as possible. It’s high time the HKSAR fulfilled its constitutional responsibility to implement legislation under Article 23. 

The move also reflects local residents’ aspirations as the city steps up efforts to become an international innovation and technology (I&T) center. A golden era dawns upon Hong Kong’s I&T sector, in which a flourishing ecosystem, a robust industrial chain, and a growing talent pool have taken shape. The ubiquity of technology exposes Hong Kong to heightened national security risks, calling for urgent enhancement of legislative and institutional mechanisms to strengthen national security safeguards.

Article 23 legislation will create a winning combo with the NSL, to comply with the decision made by the National People’s Congress on May 28, 2020, on establishing and improving the legal system and enforcement mechanisms for the HKSAR to safeguard national security. This “combo” will provide the secure, stable environment Hong Kong needs to become a smart city with a thriving digital economy. 

Enacting Article 23 will reinforce Hong Kong’s commitment to the rule of law and being an open, free economy. It will provide the best institutional safeguard for the city to promote I&T development and new industrialization, enhance its competitiveness and integrate into the nation’s overall development so that all residents can share the fruits of the city’s development. 

The HKPC supports enterprises in strengthening their capabilities against emerging security risks, such as those relating to cybersecurity — AI and big data. As one of the key facilitators in promoting new industrialization in Hong Kong, the HKPC helps enterprises through advanced technologies and innovative services to address pain points and enhance competitiveness. 

HKCERT — a dedicated service team under the HKPC — helps organizations upgrade their cybersecurity posture and defense against potential threats amid increasingly sophisticated and complex cybersecurity incidents. The HKPC launched the “Smart & Secure City Hall” in September to raise cybersecurity awareness among enterprises and the general public. It will step up efforts to promote awareness and provide advice on preventive measures.

The monthlong public consultation period for Article 23 legislation is meant to hear different opinions, have a dialogue, and voice our concerns. Nevertheless, there may be scaremongering, double standards and even smear campaigns against the legislative move, and we should stay alert to discern the ulterior motives behind those acts. National security worldwide is a top priority. It’s a common practice in the international community to legislate to safeguard the security of a country or region.  

As indicated in the public consultation document, many countries, including the United States, the United Kingdom, Canada, Australia and New Zealand, have enacted strict national security laws and adopted measures to protect their interests. Such measures may continue to intensify, as technological advancement presents new challenges to national security. I hope Hong Kong society will soon reach a consensus on the importance and urgency of enacting Article 23 legislation. 

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The HKPC will fully support the HKSAR government in adhering to law-based administration, and promoting a consensus among industries, academia and research sectors to support the enactment of Article 23 legislation. Particular emphasis will be given to help people understand that Article 23 legislation will only target an extremely small minority of people who endanger national security, and the goal is to protect the interests of the people of Hong Kong. By then, Hong Kong will be in an even stronger position to achieve prosperity, with greater prominence in the Guangdong-Hong Kong-Macao Greater Bay Area, the Belt and Road Initiative, and closer integration into the country’s overall development.

The author is chairman of the Hong Kong Productivity Council and a member of the Hong Kong Special Administrative Region’s Legislative Council.

The views do not necessarily reflect those of China Daily.