Hong Kong’s Article 23 national security law

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In this week’s issue of the Global Impact newsletter, we take a step back from the ongoing debate after Hong Kong’s domestic national security was signed into law, and look at what is next for the city. Photo: AP

Economy

Global Impact: Article 23 is here, but what does Hong Kong’s national security law mean as foreign governments, firms react?

Global Impact is a weekly curated newsletter featuring a news topic originating in China with a significant macro impact for our newsreaders around the world
In this week’s issue, we take a step back from the ongoing debate after Hong Kong’s domestic national security was signed into law, and look at what is next for the city

Hong Kong’s Article 23 national security law

Yonden Lhatoo

Published: 2:00pm, 8 Apr 2024

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Global Impact is a weekly curated newsletter featuring a news topic originating in China with a significant macro impact for our newsreaders around the world. Sign up now!

So, what is life like under Hong Kong’s new domestic national security law?

It hasn’t made any difference to the vast majority of this city’s 7.5 million residents going about their daily lives so far – but barely two weeks have gone by since it was enacted, so the real impact will become apparent based on how it is applied in the months and years to come.

One immediate impact is that people jailed for national security crimes will find it harder to get early release for good behaviour under the changes stipulated by the domestic legislation.

The new law has come into force nearly 27 years after the city’s return to Chinese sovereignty, and more than two decades after an older version was shelved because of strong public opposition when the government first attempted to introduce it.

04:19

Hong Kong passes domestic national security law, fast-tracking legislation shelved for 2 decades

This time round, with the legislature stripped of any opposition under a new political system that only allows those deemed as “patriots” to occupy public office, the government was able to fast track the passage of the law.

Hong Kong fulfils a constitutionally mandated duty with the new legislation, which aims to plug remaining loopholes in the legal framework following Beijing’s imposition of the national security law earlier in response to the anti-government protest chaos of 2019.

The new law lists out 39 offences with penalties, including life imprisonment for crimes such as treason and insurrection.

The local and central governments are holding it up as a crucial safeguard against attacks by China’s enemies using Hong Kong as an easy target to undermine the country’s stability at a time of geopolitical tensions and uncertainty.

07:17

Hong Kong leader John Lee signs new domestic national security ordinance into law

There is no denying Hong Kong’s absolute right to have such a law in place, just like any other jurisdiction around the world, but the city is up against a barrage of alarmist reporting by the Western media, in particular echoing their governments’ frequent claims about the “loss of Hongkongers’ rights and freedoms”.

Understanding what is happening on the ground and what the real implications are will require going beyond the dominant doomsday narrative, and that’s where our comprehensive (and less apocalyptic) coverage of this complex saga comes in.

The new legislation puts Hong Kong under intense global scrutiny because of its status as an international financial centre and the presence of so many foreign companies in the city, which are understandably concerned about what it could mean for them.

The United States is already taking steps to punish Hong Kong with plans to impose visa restrictions on local officials it holds “responsible for the intensifying crackdown on rights and freedoms”.

There may be more punitive action to come which could hurt the city’s international reputation, but for now at least, with the law firmly in place, Hong Kong is determined to move on and shift its focus to doing what it does best – business as usual.

60-Second Catch-up

‘Historic moment’: Hong Kong passes domestic national security law after marathon session, fast-tracking legislation shelved for 2 decades.

Absconders likely to be first target as Hong Kong’s Article 23 domestic nationalsecurity law takes effect.

Video: Hong Kong passes domestic national security law, fast-tracking legislation shelved for 2 decades.

Beijing vows to ‘resolutely counter-attack’ any US visa restrictions on Hong Kong officials over Article 23 domestic national security law.

Washington-funded news station Radio Free Asia quits Hong Kong, citing concerns for staff safety after Article 23 passed.

Video: Hong Kong leader John Lee signs new domestic national security ordinance into law.

Hong Kong’s No 2 official says no foreign officials or businesspeople raised domestic national security law concerns at global forum.

Hong Kong’s John Lee vows to step up intelligence gathering, analysis for law enforcement after Article 23 legislation.

‘Do not test the law’: Hong Kong’s John Lee warns national security prisoners will find it hard to get early release after Article 23 legislation.

Opinion: No more excuses: time for government to make Hongkongers’ lives better.

Deep dives

Beijing to ‘resolutely counter-attack’ any US visa curbs on Hong Kong officials

Chinese foreign ministry spokesman Wang Wenbin warns US over possible travel restrictions floated by Secretary of State Antony Blinken
War of words follows US report criticising new domestic national security law, as Wang urges Washington to understand ‘one country, two systems’ governing principle

Beijing has vowed to “resolutely counter-attack” any potential moves by the US to impose visa restrictions on Hong Kong officials over the enactment of the city’s domestic national security law.

Chinese foreign ministry spokesman Wang Wenbin warned against the curbs on Monday, three days after US Secretary of State Antony Blinken said Washington was considering imposing travel restrictions on Hong Kong officials deemed “responsible for the intensifying crackdown on rights and freedoms”.

Beijing’s Hong Kong office slams Wall Street Journal national security editorial

China’s foreign ministry arm in Hong Kong sends second letter to The Wall Street Journal biting back after editorial criticises domestic national security law
Hong Kong security deputy permanent secretary, takes aim at Britain’s The Guardian after ‘gross distortion’ of effects of new law

Beijing’s foreign ministry arm in Hong Kong has told The Wall Street Journal not to be “a worrywart” as officials hit back at the US newspaper’s views on the new domestic national security law and its grim outlook for the development of the city.

The commissioner’s office of China’s Foreign Ministry in Hong Kong on Friday issued its second statement in eight days that took a swipe at the news outlet’s editorial “Hong Kong’s Giant Leap Backward”, published earlier this month.

Hong Kong’s Article 23 law: Catholic diocese ‘to preserve integrity of confession’

Cardinal Stephen Chow pledges not to give up on confessions, after new law requires public to report treasonous acts ‘as soon as reasonably practicable’
‘Under the requirements of national security, we all need to adjust pastoral ways … [But] what has not changed is insistence on love taught by Lord Jesus,’ he says

Hong Kong’s Catholic diocese will do whatever it can to preserve the integrity of confession, the faith’s top local cleric has said following the enactment of the city’s domestic national security law.

The Safeguarding National Security Ordinance took effect last week and requires residents who learn someone has committed or is about to commit treason to inform police “as soon as reasonably practicable” or risk up to 14 years in prison.

Foreign firms in Hong Kong review operations for domestic national security law

Lawyers and consultants say bulk of major changes were made after the Beijing-imposed national security law took effect in 2020
City and central authorities maintain the Article 23 domestic law will not disrupt overseas firms’ operations, but benefit the business environment

Foreign companies in Hong Kong have been reviewing their operations since last year ahead of the now-passed domestic national security legislation, but they had already made major changes after the Beijing-imposed version came into force in 2020, corporate lawyers and consultants have said.

City and central authorities have reassured the international sector that the new legislation, mandated under Article 23 of the Basic Law, the city’s mini-constitution, would not disrupt their operations and would be beneficial to the city’s business environment.

Axing remission for Hong Kong national security inmates ‘not a rights violation’

Former Basic Law Committee vice-chair Maria Tam also says new rules under domestic national security legislation ‘are not punitive measures’
Public has very slim chance of breaching law, fellow mini-constitution expert Albert Chen adds

Experts on Hong Kong’s mini-constitution have mounted a defence of the new domestic national security legislation, with a legal heavyweight saying the scrapping of early release for certain prisoners is not a punishment nor a human rights violation.

Maria Tam Wai-chu, former vice-chairwoman of the Basic Law Committee, which advises the central government, expressed her support for the legislation’s axing of remission for those jailed on national security offences.

Global Impact is a weekly curated newsletter featuring a news topic originating in China with a significant macro impact for our newsreaders around the world.