The minister stressed that any notion that the city was prioritising security at the expense of development is a “false impression”, and the city must remain an open and tolerant society to fully leverage its advantages under One Country, Two Systems.
Lam also dismissed suggestions that classifying certain acts as “soft resistance” would cause a chilling effect on the freedom of expression here, saying there are stringent guidelines on how the term should be applied.
In a media interview to mark the fifth anniversary of the promulgation and implementation of the Hong Kong National Security Law on Monday, Lam gave assurances that people wouldn’t unwittingly enter into legal jeopardy.
According to the 2023 Policy Address, ‘soft resistance’ refers to attempts to provoke conflict, misinform or spread rumours through different channels, and undermine the governance of the country and the SAR.
“[It] is not a legally defined principle. It’s never meant to be a term which has a very rigid definition. But it doesn’t mean that it’s a concept that is too vague or too general,” Lam said.
He said authorities would look at the means, the motive and its potential harmful consequences of any acts of soft resistance, and prosecute in cases where the law was breached.
“But on the other hand, there are certainly situations where there would be insufficient evidence to say that anyone has committed criminal offences,” he said.
“In those circumstances, firstly, assuming that there are false accusations against the government or wholly irrational opinions being expressed against the government, then our response is to refute or to clarify the situation, to make sure that members of the public, including people outside Hong Kong, will not be misled, [or] be improperly influenced by those false and unsound statements.”
He also said national security police were justified in issuing a warning earlier this month against downloading the app, “Reversed Front: Bonfire”, which had been deemed as seditious.
“This is not a game. It is talking about the independence of Taiwan and Hong Kong. Are you saying you think this is OK?” he queried.
“Under these circumstances, when we explicitly tell people not to do something, I think it’s a fair thing to do so people don’t fall foul of the law.”
Lam also stressed the importance of striking a proper balance between safeguarding national security, and ensuring Hong Kong’s development.
Citing a business sentiment survey by the American Chamber of Commerce, the justice minister noted that seven out of 10 respondents felt the national security law had not adversely affected their operations.
“People can see for themselves, if people can look at the matter objectively based on what actually happened and how cases were handled by the prosecution and by the courts,” he said.
“Confidence is coming back, it’s restoring and improving. So I would say that we are doing the right things, but obviously we have to remain very prudent and very cautious in order not to give a false impression.
“I have to emphasise the word false impression, that we care about national security and we have somehow overlooked the importance of development, or how to maintain…or the importance of maintaining Hong Kong as a very open society.”
Lam said that in the long run, Hong Kong needs to develop and strengthen its soft power to instil a sense of pride and national identity among people, and ensure they play a part in creating a stable and safe environment for the city.
