Hong Kong can take a leaf out of Switzerland’s anti-terror law book

A series of terrorist attacks have rocked some European countries since 2015 but Switzerland is not one of them. Even so, more than 50 percent of Swiss voters supported measures to strengthen anti-terrorism and anti-COVID-19 pandemic measures in a referendum held on June 13. 

The richest country in the world has yet to experience a major terrorist attack, but its government insists the danger of terrorist attacks happening in Switzerland is very high. The raft of new anti-terrorism measures that won majority support in the referendum includes allowing the police to be tough against radical extremists and carry out preventive detention before terrorist attacks actually happen. Such popular support led to the adoption of one of the most draconian counterterrorism laws in Europe. The country’s justice minister said the new counterterrorism laws include such preventive measures as personal restrictions, travel bans and requiring persons of interest, or potential suspects, to report to local authorities periodically. 

It is high time the HKSAR government introduced counterterrorism legislation that would help the police to prevent potential terrorists from executing lethal attacks in Hong Kong

Under the new Federal Act on Police Measures to Combat Terrorism, the police are allowed to put “potential suspects” under close surveillance without prior judicial consent, with such restrictions as an electronic ankle bracelet with GPS locator, no contact with the outside world and even house arrest if that is deemed necessary. 

The new counterterrorism law expands the preventive powers of the police to put “potential terrorists” 12 years of age or older under effective control when they are suspected of preparing to take violent action, including close surveillance, movement restriction and mandatory reporting to local authorities at fixed intervals. Local courts can order the police to detain anyone 15 years of age or older for up to nine months without charge or trial. However, radical expressions alone do not warrant police custody, which requires a law enforcement conclusion that a person is about to execute a terrorist attack.

Majority support for the new counterterrorism law in the June 13 referendum is accredited to a 2020 terrorist risk assessment by Switzerland’s federal intelligence agency, which concluded that up to 49 “potential suspects” posed a threat to Swiss national security, while 690 registered users of jihad websites are closely monitored by the security authorities.

Like Switzerland, Hong Kong faces the risk of terrorist attacks. Officers from the National Security Department of the Hong Kong Police Force arrested 14 individuals suspected of involvement in domestic terrorism, including nine secondary school students and a university management staff member, who allegedly belongs to a separatist group and rented a hotel room to make explosive devices with TATP materials that are often used by terrorist groups around the world. 

Before busting this plot, Hong Kong police uncovered and confiscated many dangerous objects this year that could be used in terrorist attacks. On Feb 8, they arrested two men at a residential unit in Fan Ling, New Territories, where a suitcase was found with 23.5 kilograms of explosive materials and three detonators inside. Officers also found in that residential unit Taser guns, retractable metal rods, crossbows, radio communication equipment and flyers advocating Hong Kong independence. On April 9, the police arrested three men and two women separately at two public housing estates on Hong Kong Island, and found a bottle containing about 100 grams of black gunpowder. 

There is no doubt that terrorist groups exist and are active in Hong Kong, given the arrests of so many suspects and seizures of materials for terrorist attacks in recent years. It is high time the HKSAR government introduced counterterrorism legislation that would help the police to prevent potential terrorists from executing lethal attacks in Hong Kong. Also necessary is a reassessment of the current situation with particular attention to online advocacy of violence or domestic terrorism by social media platforms frequented by local radical elements. 

The National Security Department should step up online surveillance of potential terrorist activities, most notably inflammatory rhetoric posted by anti-China and anti-communist radical extremists on social media and dedicated apps. Those are bona fide advocates of domestic terrorism in Hong Kong and must be stopped before they turn more innocent young people into suicidal killers, like the lone-wolf knife attacker who killed himself after stabbing a police officer in the back on the night of July 1.  

The author is a member of the Chinese Association of Hong Kong and Macao Studies. The views do not necessarily reflect those of China Daily.