In the 45th month since Beijing imposed a national security law on Hong Kong, the city saw the passage of its own legislation with new offences and tougher punishments, a broader definition of sedition, new restrictions on detainees and tighter rules on early release from prison.
While officials celebrated the “historic” passage of the law, calling it a constitutional duty dating back to the 1997 Handover, foreign governments and groups voiced a range of concerns.
Landmark national security trials continued. By the end of March, the pro-democracy media mogul Jimmy Lai had been on trial for over 50 days, while 47 democrats as well as former editors of Stand News are still awaiting verdicts and sentences.
Article 23: ‘A historical moment’
The homegrown Safeguarding National Security Ordinance came into force on March 23, following a swift passage through the opposition-free legislature.
Authorities had begun a one-month public consultation period on January 31 and announced at the end that almost 99 per cent of those who responded supported it.
One week later, the bill was introduced to the Legislative Council (LegCo) and on March 19, the legislature passed it.
“Today is a historic moment in Hong Kong, a historic 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 lived up to the expectations of the central government and our country,” Chief Executive John Lee told LegCo.
Separate to the 2020 Beijing-enacted security law, the homegrown Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, theft of state secrets and espionage. It allows for pre-charge detention of to up to 16 days, and suspects’ access to lawyers may be restricted, with penalties involving up to life in prison. Article 23 was shelved in 2003 amid mass protests, remaining taboo for years. But, on March 23, 2024, it was enacted having been fast-tracked and unanimously approved at the city’s opposition-free legislature.
The law has been criticised by rights NGOs, Western states and the UN as vague, broad and “regressive.” Authorities, however, cited perceived foreign interference and a constitutional duty to “close loopholes” after the 2019 protests and unrest.
‘A new era of authoritarianism’
Foreign governments, politicians and NGOs condemned the fast-tracked legislation while local political parties and government departments hailed the move.
“This ambiguity [in the law] is deeply troubling, given its potential misuse and arbitrary application, including to target dissenting voices, journalists, researchers, civil society actors and human rights defenders. As we have already seen, such provisions readily lead to self-censorship and chilling of legitimate speech and conduct, in respect of matters of public interest on which open debate is vital, ” said Volker Turk, UN High Commissioner for Human Rights.
“The new security law will usher Hong Kong into a new era of authoritarianism… Now even possessing a book critical of the Chinese government can violate national security and mean years in prison in Hong Kong… ” said Maya Wang from Human Rights Watch.
Risk of travelling to Hong Kong
The government on March 22 condemned newly-updated travel advice from Australia, Taiwan and other regions, which said travellers coming to Hong Kong after the law’s passage may face increased risk and could violate local laws without intending to.
Australian authorities updated their travel advice, saying those travelling to the city should exercise a “high degree of caution.” The warning said the city had “strict laws on security” which could be “interpreted broadly.”
First prisoner to be denied early release
Activist Ma Chun-man was denied early release after being jailed in 2020 in a national security case. He was the first prisoner to become ineligible for early release because of the provisions of the new law.
The legislation raised the threshold for national security prisoners to be granted remission for good behaviour. They may not be granted early release unless the prisons chief is satisfied that this “will not be contrary to the interests of national security,” according to the law.
Previously, any prisoner – unless serving a life sentence – could be granted a one-third reduction of sentence for good behaviour, according to prison rules.
Ruling in sedition case
Pro-democracy radio DJ Tam Tak-chi in early March lost a bid to appeal his conviction and 40-month sentence under the colonial-era sedition law, in a case that promises to have far-reaching ramifications for Hong Kong’s legal landscape.
Tam was accused of chanting the controversial slogan “Liberate Hong Kong, revolution of our times,” a phrase ruled as capable of inciting others to commit secession in the city’s first national security trial. He was also accused of insulting police by describing them as “damned black cops.”
During the appeal hearing last July, Tam’s barrister Philip Dykes argued that Hong Kong’s sedition law fell short of international standards as it failed to include a defendant’s intent to incite violence as an essential element of the offence.
The Court of Appeal ruled the intention to incite violence was not necessary for a sedition conviction, and such offences must be interpreted with respect to the “specific legal and social landscape” to which they pertain.
Jimmy Lai trial
The national security trial of the pro-democracy media mogul Jimmy Lai continued, with two defendants turned prosecution witnesses taking the stand in March.
Lai, 76, has pleaded not guilty to two conspiracy charges of colluding with foreign forces under the national security law – punishable by life imprisonment – and one count of conspiring to publish seditious materials.
Editorial writer Yeung Ching-kee on March 5 told the court that Apple Daily, the pro-democracy newspaper which Lai founded in 1995, stopped pursuing balanced reporting after Beijing’s security law was enacted in June 2020.
Activist Andy Li began his testimony on March 14. Li was one of the 12 Hongkongers caught by the Chinese coastguard in a foiled attempt to flee to Taiwan by speedboat in August 2020.
The court heard on March 21 that an international advocacy group “Fight for Freedom, Stand with Hong Kong” (SWHK), in which Li was a core member, prepared a “sanctions list” targeting around 140 Hong Kong officials and rolled out three global advertising campaigns between June and August 2019.
Prosecutors alleged that SWHK was ultimately instructed and financed by Lai via two companies under his control, to request foreign sanctions and other “hostile acts” against Hong Kong and China. Li said he that he did not know Lai was involved in the crowdfunding campaign for SWHK.
Owen Chow in prison
Detained Hong Kong activist Owen Chow and his lawyer pleaded not guilty on March 22 to removing an “unauthorised article” – a complaint form about corrections officers – from prison. Chow, who has been detained since last January, is among the 47 democrats charged in 2021 under the national security law with conspiracy to commit subversion.
Citing a since-deleted post on Chow’s Facebook page about the arrests, local media outlets earlier reported that the complaint stemmed from officers allegedly intercepting two books that were meant to be given to Chow. The trial is scheduled for June 27 and is expected to take three days.
Latest prosecution and arrest figures
As of March 22, 291 people had been arrested for suspected breaches of national security since the legislation was enacted, the Security Bureau told HKFP. Among them, 174 people and five companies had been charged under the national security law or the sedition law or with other crimes.
Of those charged, 114 people – including 33 charged under the security law itself – have been convicted or are awaiting sentencing.
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