Officials in Hong Kong and China this week hailed the passage of a new security law for the city, even as Western governments expressed “alarm” at what the US described as its “vaguely defined provisions.”
All 89 lawmakers voted on Tuesday in favour of the bill, which targets treason, insurrection, sabotage, external interference, and theft of state secrets and espionage. Addressing them after the unanimous vote, Chief Executive John Lee said that Hong Kong had waited 26 years, eight months and 19 days since the Handover to complete its “historic mission.”
It was not the first attempt to enact such legislation, which is written into the city’s mini-constitution under Article 23 of the Basic Law. But where earlier efforts were met with mass protest and thwarted by a lack of support in the legislature, in 2024 the opposition-free legislature managed the entire process – from public consultation to final approval – in just 48 days.
HKFP looks back at key dates in the lengthy legislation of Hong Kong’s homegrown security law:
July 1, 1997
Enacted by China’s legislature the National People’s Congress, the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China was promulgated on April 4, 1990, and took effect on July 1, 1997, when Hong Kong returned from British to Chinese rule.
The Basic Law lays out the One Country, Two Systems principle under which the city is governed, promising “a high degree of autonomy” and ensuring that the laws and rights it enjoyed would remain largely unchanged.
See also: What is Article 23? Hong Kong’s homegrown security law
Article 23 of the law, which relates to safeguarding national security, states:
“The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People’s Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies.”
September 24-December 24, 2002
The first attempt to enact legislation under Article 23 was launched by the administration’s first chief executive Tung Chee-hwa on September 24, 2002, when a three-month consultation period on the government’s proposals began.
The consultation paper published that day gave Hongkongers their first look at what may be criminalised under the proposed law: treason, secession, sedition, subversion, theft of state secrets, and offences relating to foreign political organisations.
More than 90,000 responses were received, with acting permanent secretary of the Security Bureau Timothy Tong saying – at the time – that the figure showed an extensive consultation had been conducted.
“In the past few months, there have been divergent opinions circulating in society regarding the legislative proposal, which precisely reflects the existence of vibrant freedom of speech in Hong Kong,” Tong said.
February 14, 2003
A blue bill of the security legislation, the National Security (Legislative Provisions) Bill, was published in the government gazette on February 14, 2003, kickstarting the legislative process.
The decision to release a blue bill – a draft that is presented to the legislature for first reading – rather than a white bill, when the draft legislation is presented to the public to canvass opinions, was criticised at the time by members of the legal profession as “not good enough.”
March 26-June 26, 2003
Lawmakers on a special bills committee met 29 times between March 26 and June 26, 2003, to discuss and debate the clauses of and proposed amendments to the bill.
Proceedings sometimes descended into quarrels involving Regina Ip, who was security chief at the time, and the pro-democracy camp, which called the proposed law “a very threatening piece of legislation.”
June 3, 2003
Beginning on June 3, 2003, the government put forward five rounds of amendments that lessened the severity of the bill’s provisions. Sedition could only be committed with intent. The extra police powers were removed. The government could still ban organisations for national security reasons – but not just because they were banned in China. A public interest defence was added for exposing state secrets.
July 1, 2003
Some 500,000 people braved Hong Kong’s oppressive summer humidity on July 1, 2003, the sixth anniversary of the city’s Handover, to peacefully protest the proposed Article 23 legislation and express their dissatisfaction with Tung’s administration. It was the largest protest the city had ever seen.
In a statement issued just after 10 pm, Tung said that it was Hong Kong’s “constitutional duty” to enact such security legislation, but said he understood “the aspirations of the participants” in the demonstrations.
“The government appreciates the hardship suffered by the public in the process of economic restructuring in recent years. It is making every effort to promote successful restructuring as well as taking all necessary measures to relieve unemployment,” Tung said.
At the time, Hong Kong was emerging from the devastating SARS outbreak, which killed almost 300 people in the city and decimated its economy.
Tung added that the government would “listen more extensively and strive to strengthen communication with the public.”
July 7, 2003
Just before 2 am on July 7, 2003, Tung announced that the second reading of the national security bill, scheduled for July 9, would be deferred.
The previous evening, James Tien, chair of the pro-Beijing Liberal Party, had resigned from top government top advisory body the Executive Council after the party’s calls to delay the bill were rejected.
“We have decided, after detailed deliberations, to defer the resumption of the second reading of the bill and to step up our efforts to explain the amendments to the community in the coming days,” Tung said in a statement.
“I wish to reiterate that the SAR has a constitutional duty to legislate for the protection of national security. Upon enactment of the legislation, the Government and the community can then work together to revitalise the economy.”
Without the support of Liberal Party lawmakers, the bill would have been unlikely to progress.
July 16, 2003
Secretary for Security Ip formally announced on July 16, 2003, that she would be stepping down. In a statement, Ip said she had given notice of her resignation on June 25, adding that her decision was “entirely due to personal reasons.”
“I deeply regret that the legislative work to implement Article 23 of the Basic Law to protect national security is not completed as scheduled… I feel deeply honoured that I have had an opportunity to take part in this historic legislative work during my tenure as secretary for security. In formulating the proposals, we have tried our best to strike a balance between protecting national security and safeguarding Hong Kong people’s rights and freedoms,” Ip wrote.
“I also believe that the efforts made in the past 10 months will lay a good foundation for the eventual passage of the bill. I am confident that my successor will be able to accomplish this task in good time.”
Four years later, she said told local media that she “made mistakes in promoting that bill. I made remarks which might have been unnecessarily provocative… I wish to tender my sincere apologies.”
September 5, 2003
The National Security (Legislative Provisions) Bill was withdrawn from the government’s legislative programme on September 5, 2003.
Addressing a press conference, Tung said the government had “been listening to the views of various parties on the enactment of legislation to implement Article 23 of the Basic Law.”
Again, he stressed that the city was constitutionally obliged to enact security legislation under Article 23, adding that it was “also a civic duty of the people of Hong Kong.”
“However, because the Hong Kong community continues to have some doubts and concerns about the provisions of the proposed legislation, we have decided to withdraw the National Security (Legislative Provisions) Bill from the legislative programme, so as to allow sufficient time for the community to study the enactment question,” Tung said.
“As Hong Kong is going through a painful process of economic restructuring, especially after the SARS outbreak, it is crucial that the Government, the trade and industrial sectors and the community as a whole concentrate our efforts to revitalise the economy and to increase employment opportunities.”
June 9, 2019
Months-long protests kicked off on June 9, 2019, over a proposed amendment to Hong Kong’s extradition law, which would have allowed criminal suspects to be transferred to mainland China to stand trial. Despite the later withdrawal of the proposal, large-scale peaceful demonstrations had escalated into sometimes violent displays of dissent against police behaviour, amid calls for democracy and anger over Beijing’s encroachment.
The protests – which came to an end in 2020 after the outbreak of Covid-19 and the imposition of Beijing’s national security law – have since been described by officials as “riots” or a “Hong Kong version of a colour revolution” and cited as justification for further security legislation.
June 30, 2020
Beijing inserted national security legislation directly into Hong Kong’s mini-constitution on June 30, 2020.
It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared.
Those facing a national security charge face handpicked judges, up to life in prison, and are rarely granted bail. As of 2024, security law cases have seen a 100 per cent conviction rate.
Many from Hong Kong’s pro-democracy camp have been detained under the law and others have left, while civil society has shrunk in its wake. Authorities, nevertheless, say it has restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.
December 19, 2021
Soon after the national security law took effect, Hong Kong announced that the 2020 LegCo election – originally scheduled for September – would be delayed “to protect public safety and public health” amid the Covid-19 pandemic.
Before the postponed poll was held, Beijing took what it called “necessary steps to improve the electoral system” and remove “loopholes and deficiencies” which had been revealed by “rioting and turbulence… in the Hong Kong society.”
In March 2021, China’s top legislature, the National People’s Congress, approved an overhaul of Hong Kong’s electoral system to ensure that the city was governed by “patriots.”
See also: How Beijing cracked down on Hong Kong’s elections
The changes effectively excluded what remained of Hong Kong’s pro-democracy camp – those who had not been detained under the security law – from the ballot when the city headed to the polls on December 19, 2021.
Only one self-styled non-establishment candidate secured a seat and voter turnout was just 30.2 per cent, the lowest in the history of Legislative Council (LegCo) elections.
January 30-February 28, 2024
Chief Executive John Lee, Secretary for Security Chris Tang and Secretary for Justice Paul Lam launched the public consultation period for the city’s second attempt at enacting legislation under Article 23 of the Basic Law on January 30.
As in 2002, the public was presented with a consultation paper rather than a white bill to consider. However, this time around, people were only given 30 days to submit their views.
See also: Article 23 then and now: What changed between 2002 and 2024
More than 13,000 submissions were sent in, with the government saying that almost all of them expressed support for the bill. However, international rights groups and governments overseas expressed concerns that it may further erode freedoms in the city
March 8-13, 2024
The full text of the draft Safeguarding National Security Bill was read for the first time after being introduced to the legislature on March 8, 2024.
It targeted five types of offences – treason, insurrection, sabotage, external interference, and theft of state secrets and espionage. Those convicted of the first three would face life in prison, while anyone found guilty of sedition could be jailed for up to seven years – or 10 if they had colluded with an “external force” – up from two years previously.
It also proposed giving new powers to the police and courts to extend the pre-charge detention period for those held on suspicion of endangering national security to up to 16 days, and to restrict detainees’ access to lawyers.
March 8 also marked the first meeting of the special bills committee assembled to review the proposed legislation, a process it completed in six consecutive days.
See also: Hong Kong seeks to tighten ‘absconder’ measures, and empower leader to draft new laws
The committee proposed making a series of amendments to the bill, including scrapping a six-month wait to designate a wanted individual an “absconder” – a status that would allow authorities to cancel an absconder’s passport and ban anybody from providing them with funding.
Separately, an addition to the draft bill stated that the chief executive “may make subsidiary legislation for safeguarding national security,” after consulting with the Executive Council, to “deal with unforeseen circumstances.”
Under a section on offences linked to “prohibited organisations,” a new clause was added specifying that the laws also apply to “shadow organisations” that may consist of members of the dissolved organisation.
March 19, 2024
Hong Kong’s opposition-free Legislative Council resumed its second reading of the bill shortly after 9 am on March 19, 2024. Over the course of almost seven hours, all 89 lawmakers stood and spoke, giving whole-hearted support to the legislation. Many told of the honour they felt at being involved in such an important moment in Hong Kong’s history, and why the “black-clad violence” of 2019 meant such a law was necessary.
A unanimous vote on the third reading of the bill just before 7 pm saw it passed into law.
In an unusual move, LegCo President Andrew Leung also cast a vote. “As the president of the Legislative Council, I would not vote in usual circumstances,” Leung said in Cantonese. “However, legislation of Article 23 is not just any other piece of legislation, it relates to national security in Hong Kong, it is of the utmost importance, so at this historical moment I will vote in favour of the bill.”
Chief Executive John Lee entered the LegCo Chamber after the passage of the bill to address lawmakers.
“Today is a historical moment in Hong Kong, a historical moment we have waited 26 years, eight months and 19 days for… Today, Hong Kong finally completed its constitutional duty of legislating Article 23 of the Basic Law. We live up to the expectations of the central government and our country,” Lee said in Cantonese.
March 23, 2024
The Safeguarding National Security Ordinance came into effect on March 23, 2024.
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