The new law is expected to place significant pressure on the independence of the legal profession, further compromising its capacity to fulfil its professional duties freely and impartially.

Furthermore, many of the criminalised behaviours named in the SNS Law are in opposition to fundamental human rights, such as freedom of expression, freedom of peaceful assembly and association, and the right to fair trial.

IBAHRI co-chair and past secretary general of the Swedish Bar Association, Anne Ramberg Dr Jur hc, said: “The IBAHRI urges Hong Kong and China’s authorities to protect the exercise of fundamental human rights and freedoms in the Special Administrative Region and to strengthen Hong Kong’s autonomy under the principle of ‘one country, two systems’, in compliance with the Basic Laws and the international obligations to which they have willingly signed and are bound.”

Specific provisions in the SNS Law raise concerns with reference to the independence of the legal profession in Hong Kong. According to Clause 76 of the SNS Law, certain lawyers or law firms can be banned from representing clients suspected of having committed national security offences.

Clause 77 of the SNS Law prevents detainees from consulting with any lawyers for a 48-hour period, when meeting with a lawyer is deemed to pose a threat to national security, the investigation, or the course of justice.

Hong Kong’s secretary for justice justified these provisions by saying that “the guiding thought is that some lawyers are not sincerely providing legal services, but instead they may take the opportunity to destroy evidence or notify [an accomplice]”. However, rules of conduct for lawyers automatically preclude such activities from taking place.

The two provisions contravene Article 35 of the Hong Kong Basic Law, which entitles Hong Kong residents to confidential legal advice, court access, lawyer selection for timely protection of their rights, as well as access to judicial remedies.

IBAHRI co-chair Mark Stephens CBE said: “Lawyers are pivotal in upholding the Rule of Law, defending human rights, and providing access to justice for everyone, regardless of their background or status. Therefore, preserving the independence and integrity of the legal profession is paramount for justice and democracy.

“The Hong Kong Safeguarding National Security Law represents a blatant denial of these fundamental principles. It intensifies the authority of the executive branch and escalates repression to a higher degree, while obstructing any potential intervention by the foremost defenders of people’s rights and freedoms – lawyers.”