Hong Kong’s New Security Law Is Worryingly Vague
Businesses and foreign investors have been left in the dark over the reach of the legislation. More clarity is essential to rebuild confidence in the financial hub.
There's a chill over public life.
Photographer: Billy H.C. Kwok/BloombergHow difficult is it becoming to do business in Hong Kong? Foreign governments and businesses are deliberating what the city’s new security legislation will mean for their operations in the financial hub, and they don’t like what they see. The regulations contained in Article 23 are sweeping, broad, and deliberately vague — particularly when it comes to defining what an “external force” is. In the proposed law’s current form, Hong Kong’s chief executive could ban companies and organizations from operating there if they’re found to be “working for foreign forces.” If the aim is to remain attractive to overseas firms, clarifying these overly broad guidelines is essential.
To understand why the legislation is worrying, it’s worth looking at the exact text. In the 200-plus pages of the consultation document, there are at least 12 references to the phrase “external forces,” including a section that defines it as any “government of a foreign country, authority of a region or place of an external territory, external political organization, as well as its associated entities and individuals.” The text also notes that Australia and Singapore have similar laws, and Hong Kong authorities have consistently used that to justify these measures. That is disingenuous. Neither Singapore nor Australia are trying to clamp down on pro-democracy protestors within or outside their borders, nor are they implementing a directive from the Chinese government.