On March 19, 2024, the Hong Kong government passed the National Security Law, also known as Article 23, after a rushed public consultation and legislative review process.
The five crimes covered are treason, insurrection and incitement to insurrection, theft of state secrets and espionage, sabotage, and external interference. Penalties for some crimes have been increased, with greater emphasis on crimes committed or involving foreign actors.
The law was passed unanimously by the City Council. Years of suppressing pro-democracy movements and overhauling the legal and electoral systems have ensured that parliament is largely opposition-free.
Article 23 of Hong Kong’s constitution, which came into force after the territory was handed over from British to Chinese rule in 1997, requires the government to enact internal national security legislation. However, an attempt to enact this in 2003 failed due to massive public protests.
In 2020, China’s central government imposed another national security law on Hong Kong, citing Hong Kong’s delay in acting under Article 23. The law was quickly used to further suppress opposition and target pro-democracy figures. This law will remain in Hong Kong law and will take precedence over the new law in the event of crossover.
Article 23 has been widely criticized by rights groups and some foreign governments, who say it heralds a “new era of authoritarianism” and makes Hong Kong unsafe for foreign companies and workers and makes business operations unethical. It was going to be difficult.
Hong Kong Chief Executive John Lee dismissed the criticism, saying the new law was “necessary to protect people who invade our homes.”
