Former Chief Executive and vice-chairman of the nation's top political advisory body, CY Leung, on Saturday said provisions in the proposed domestic national security legislation under Article 23 of the Basic Law are "entirely reasonable."
In an exclusive interview with RTHK, Leung said the government's draft legislation is relatively loose compared to national security laws in other jurisdictions, noting that there is no death sentence or corporal punishment under the bill.
The city's national security bill proposed a maximum penalty of life imprisonment for several offences, including treason and insurrection.
“What we should do is not to look at the bill in isolation. We should compare what the bill proposes to what other countries actually practice,” he told RTHK on the sidelines of the “two sessions” in Beijing.
“Anyone who understands Singapore, anyone who has read the Internal Security Act of Singapore or the Foreign Interference Countermeasure Act in Singapore, knows that such laws in Singapore are much more stringent. So let's not be political, let's be cool-headed and let's be impartial and be fair comparing Hong Kong to other jurisdictions.”
Under the bill, police could apply to the courts to extend the detention period for people suspected of endangering national security for up to 14 days following the initial 48-hour period.
Leung said he is confident that the SAR's judiciary can serve as a gatekeeper and provide the “checks and balances against the powers given to the executive authorities.”
On the definition of “external interference,” Leung said Hong Kong is an open society and he has confidence in the judiciary's interpretation.
“It isn't a question of who is or is not exempted from the ambit of this part of the bill. I think the important thing is no one is above the law and the court will decide according to not just the provision of law, but also the facts as presented to the court by both the prosecution and the defence,” he said.
The former CE also expressed regrets over not having the necessary “political conditions” to enact the national security law during his tenure, adding that he thinks the legislative process should take its natural course.