The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region is a national law of China on Hong Kong national security passed on 30 June 2020. It is implemented in Hong Kong in accordance with Hong Kong Basic Law Article 18, which allows for China's national laws to be valid in Hong Kong if they are included in Annex III. It was formulated under the authorization of the National People's Congress decision on Hong Kong national security legislation. The law was passed on 30 June 2020 by the Standing Committee of the National People's Congress as a means of resolving the anti-extradition bill protests instigated by a Hong Kong local bill proposed in 2019 to enable extradition to other territories including the mainland, and came into force the same day.
Among others, the national security law established four particular crimes of secession, subversion, terrorism, and collusion with foreign organisations; any open speech, verbal promotion or intention of Hong Kong's secession from China is considered a crime as well. The implementation of the law entitles authorities to surveil, detain, and search persons suspected under its provisions and to require publishers, hosting services, and internet service providers to block, remove, or restrict content which the authorities determine to be in violation thereof. The law established the Office for Safeguarding National Security outside of Hong Kong jurisdiction to administer enforcement of the law.
Article 23 of the Hong Kong Basic Law, which came into force with the British handover of Hong Kong in 1997, required that a national security law with some of these provisions be enacted by the Hong Kong Special Administrative Region. Before the 2019–2020 protests and passage of the law, a 2003 attempt by the Hong Kong Legislative Council to satisfy Article 23 failed after mass demonstrations. Both the 2003 attempt at and the 2020 passage of legislation occurred during outbreaks of a novel coronavirus (SARS and COVID-19, respectively), which affected the actions of both protesters and authorities. Article 23 was implemented in March 2024 with the enactment of the Safeguarding National Security Ordinance.
The United Kingdom and 26 other countries condemned the national security law; the United Kingdom called it a breach of the 1984 Sino-British Joint Declaration, which provided autonomy for Hong Kong to be retained for 50 years. Following the imposition of the national security law, countries such as Australia, Canada, the United Kingdom, and the United States introduced relaxed immigration policies for migrants from Hong Kong. Article 38 of the law has drawn significant attention due to stating that it is applicable to those who are neither permanent residents nor residents of Hong Kong. This provision has been interpreted by some as saying that it is applicable to every individual in the world.
Background
Article 23 of Hong Kong's Basic Law states that Hong Kong Special Administrative Region will "enact laws on its own" for the Region's security and to prevent political bodies outside the Region from "conducting political activities in the Region" or otherwise interfering with Hong Kong's independent security:
A national security law would relate to three ordinances that make up Hong Kong's penal law, the Official Secrets Ordinance, Crimes Ordinance and Societies Ordinance. The Societies Ordinance in particular covers elements of security, as it was intended to prevent the creation of criminal secret societies and triads. In 1949, with the influx of migrants from China, it was reintroduced and amended to specifically mention "foreign political organisations". The Crimes Ordinance covers the handling of dissent within the region. In place since 1971, and never amended, the ordinance sets a legal standard allowing people to be imprisoned simply for handling material deemed to be against the government, without need for evidence.
The Hong Kong Bill of Rights ensures freedom of speech, but Hong Kong barrister Wilson Leung has said that China may find a way to override this in legislation they introduce. Leung cites the fact a law imposed by China would be considered national law – while the Hong Kong Bill of Rights is "local" and so would be deemed subordinate by Beijing – and that the Standing Committee of the National People's Congress (NPCSC) is the highest authority on interpreting the Basic Law, and so could "say that the new security law cannot be restrained by the Bill of Rights" if they want.
National security legislation in mainland China is controversial outside the country. First implemented in 1993, China's national security law became more restrictive under Chinese Communist Party general secretary Xi Jinping, who set up a National Security Commission (that he heads himself) shortly after he came to power.
Past legislation attempts 1992–1997 Societies Ordinance After the 1989 Tiananmen Square protests and massacre, with Hong Kong residents concerned over their civil liberties, the Societies Ordinance was reviewed; it was amended in 1992, relaxing some of the restrictions against being able to register some societies, but this was repealed after the handover in 1997. According to the Hong Kong Human Rights Monitor (HRM), China amended the ordinance in 1997 "as part of a package of China's effort to emasculate the Hong Kong Bill of Rights". The 1997 amendments include the proviso that should the relevant officials "reasonably believe" that prohibiting a society "is necessary in the interests of national security or public safety, public order (ordre public) or the protection of the rights and freedoms of others", it can be banned without evidence. HRM said that:
The international response to this 'national security law' was to invoke the Siracusa Principles, which say that national security "cannot be invoked as a reason for imposing limitations to prevent merely local or relatively isolated threats to law and order", only against outside threats. International jurists declared that including 'national security' in the ordinance dealing with local societies was unwarranted and inappropriate because "it is difficult to suggest that a society or a demonstration in Hong Kong will threaten the existence of China", and any local threat can be handled with normal public order laws. Despite this, the 'national security' ground was introduced. While "national security" was defined as "safeguarding of the territorial integrity and the independence of the People's Republic of China", there was no explanation of what constituted a threat to this, nor how it should be implemented.
Crimes Ordinance In December 1996, the Hong Kong Legislative Council (as part of the British colonial government) introduced the Crimes (Amendment)(No.2) Bill 1996. The catalyst for introduction was the forthcoming handover, with the initial amendments being mostly technical and removing reference to the monarchy. In turn, it sought proposals to change the articles on treasonable offences. This bill would have amended the Crimes Ordinance, changing sedition legislation that had existed since 1971 and was described by Hong Kong as "archaic". Specifically, the bill proposed legalising dissent of the government, with the council declaring that the existing ordinance "[was] contrary to the development of democracy [as it] criminalises speech or writing and may be used as a weapon against legitimate criticism of the government". The bill failed as it was strongly opposed by Beijing, leaving a gap in national security legislation.
A "scaled-down" version of the Crimes Ordinance amendment was pushed through. It gave a more limited definition of "sedition" and increased territorial defences; it was signed by Hong Kong Governor Chris Patten days before the 1997 handover, but was quickly discarded by the Chinese before it could ever come into effect.
2003
In September 2002, the Hong Kong government released its "Proposals to Implement Article 23 of the Basic Law" Consultation Document. Consultation lasted until December 2002, being concluded early after protests drew tens of thousands of people against the proposal; concessions were made, but the proposals did not return to public consultation. The National Security (Legislative Provisions) Bill 2003 was introduced in February 2003, aiming to comply with the requirement under Article 23 that the Hong Kong government should enact national security legislation "on its own". However, the bill was abandoned due to overwhelming opposition, noting the unprecedented number of protesters.
The 2003 bill would introduce sedition legislation, as well as offer amendments to the ordinances. While the Region was being encouraged to create legislation in line with the Johannesburg Principles, it did not, and the 2003 provisions would have been more restrictive of civil liberties. The changes were: to narrow the definition of "sedition", requiring someone to deliberately commit acts against the government; to add a 'likelihood' clause, requiring a burden of proof; and to add subversion and secession offences. This last addition was the most problematic part of the bill, with the others seen as steps towards protection. The subversion and secession legislation would make it illegal to threaten the presence and stability of the People's Republic of China (PRC) under laws handling treason and war, and also used vague and undefined terms that left the legal threshold for prosecution unclear.
Though the bill had been introduced in February 2003, major protest towards it did not happen for several months, as Asia was experiencing the SARS epidemic. In June, as the city had recovered, the pro-democracy camp mobilised the public to oppose the bill, and on 1 July, the sixth anniversary of the handover, more than a half million Hong Kong residents took to the streets against Chief Executive Tung Chee-hwa and Secretary for Security Regina Ip, who was in charge of the bill. In the evening of 6 July, Liberal Party chairman James Tien decided to withdraw from the "governing coalition" by resigning from the Executive Council in protest. Knowing that the bill would not be passed without the Liberal Party, the government finally decided to postpone it, before it was shelved indefinitely. +Differences between the 2003 National Security Bill and the 2020 National Security Law2003 National Security Bill2020 National Security LawProcedure of enactmentGovernment released consultation document and went through local consultations.Debated and scrutinised in the Hong Kong Legislative Council.Government offered modifications after backlash.Passed by the National People's Congress (NPC) Standing Committee, pursuant to NPC authorisation.No widespread consultation or release of contents prior to passage.Police search powers without a court warrantAuthorised under the initial bill, removed by the government as a concession.Authorised.Definition of the crime of secessionThe use of "force or serious criminal means" that "seriously endangers the stability" of China or engaging in war is necessary to constitute secession.Secession includes acts "whether or not by force or threat of force".Actors subject to the lawSubversion and secession are limited to Hong Kong permanent residents, and treason to Chinese nationals regardless of where the crime was committed.Covers anyone in Hong Kong regardless of nationality or residency status, and also applies to offences committed from outside Hong Kong by a person who is not a permanent resident.Jurisdiction for prosecutionHong Kong government and courts retain jurisdiction.The central government's Office for Safeguarding National Security and the Supreme People's Court may exercise jurisdiction in certain circumstances.
2010s