On 19 March, the Hong Kong Legislative Council announced that they unanimously passed Article 23, Safeguarding National Security Law. The law is an expansion of the 2020 controversial National Security Law, passed by the pro-Chinese government. The legislation by extension is aimed at curbing and quashing dissent against calls for pro-democratic movement and independence movement in Hong Kong. The Chief Executive and leader of Hong Kong John Lee supported the law and said: “Today is a historic moment for Hong Kong.” The bills saw a particularly hurried enactment, when only on 08 March the 90-seat council of Hong Kong mostly littered with pro-Chinese leaders were presented with the provision. John Lee also said the law is necessary to safeguard Hong Kong from “potential sabotage and undercurrents that try to create troubles", particularly "ideas of an independent Hong Kong.” The Chinese Vice Premier Ding Xuexiang also expressed that the enactment of the law would safeguard the core national interest and this would help them to now focus on economic developments.

Background
The background goes back to the decade-long contention where the bills can be traced back to 2003, which ignited massive protests in the country. On 01 July 2003, 500,000 Hong Kong citizens took to the streets protesting against the National Security Legislation introduced that year. This was the sixth-anniversary of the China-Hong Kong reunification where the public showcased their discontent with anti-government protest. Without enough support and an aggravated public, the bill was shelved.

In 2014, the Umbrella Movement erupted in Hong Kong, demanding reforms in the election of top political leaders. This protest was sparked after the Chinese standing committee decided to prescribe a pre-screening of candidates before the elections. The provision stated that the Chinese committee got to vet and nominate the candidates for the position of Chief Executive before the people got to cast their votes. The protestors demanded “real universal suffrage.”

In 2019, protests kickstarted against the amended bill on the “Fugitive Offenders Ordinance.” The protest was in light of the anti-extradition amendment, where the arrested can be transferred to Mainland China. This protest dragged on and soon turned violent; the unrest eventually led to China’s imposition of the 2020 National Security Law (NSL). The period saw a surge of arrests of political activists, protestors and other dissenters.

The Safeguarding National Security Ordinance, 2024
The new law is by and large an extension to the previous NSL law of 2020. The current changes give the authorities more power to probe against any opposition and dissent, by increasing the ambit of what the law consists of and who can be charged. The law criminalizes anything that could be considered close to secessionism, subversion, terrorism and collusion with foreign forces and actors. Those found guilty would be facing maximum imprisonment. Some other offences that have been proposed amongst others are:

1.     Inciting hatred towards the CCP leadership will lead to 10 years in jail. 

2.     Suspected individuals can be detained by the police for two weeks before charging them, previously it was 48 hours. 

3.     Authorities can now also cancel the passport of “absconders.” 

4.     Suspected can be refused from meeting their lawyers and those granted bail will have their movements restricted.

5.     Hong Kong diaspora’s passports can be cancelled if suspected of financing overseas critics and parties. 

6.     The bill also expands on the definition of what constitutes state secrets almost identical to that of Chinese state secret law, now these would also include policy decisions and economic and social investments. 

7.     Cyber-based doxing of police officers is now a criminal offence. 

8.     Collaboration with external forces can be considered as interference, these include receiving financial support from financial institutions and organizations. 

9.     Associating with armed forces groups who are anti-China is a criminal offence. 

Concerns and Criticism
The bill garnered international criticism while China stood staunchly in support of the provision. Many international institutions have expressed concerns over the newly passed bill, United Nations High Commissioner for Human Rights, Volker Turk said: “It is alarming that such consequential legislation was rushed through the legislature through an accelerated process, in spite of serious concerns raised about the incompatibility of many of its provisions with international human rights law.” Amnesty International called the law “draconian” in nature and that “The passing of this law sends the clearest message yet that the Hong Kong authorities’ hunger to accommodate Beijing’s will outstrip any past commitments on human rights,” says Amnesty International’s China director Sarah Brooks. The US Congressional-Executive Commission on China said: “An ever-expanding notion of national security will only make Hong Kong less safe for US businesses and citizens living in Hong Kong as well as Hong Kongers seeking to exercise their fundamental freedoms.”

References
“Article 23: Hong Kong passes tough security law fought by protesters for years,” BBC, 20 March 2024
“Hong Kong Adopts Sweeping Security Laws, Bowing to Beijing,” The New York Times, 19 March 2024
“What is Article 23, Hong Kong’s new draconian national security law?,” Al-Jazeera, 19 March 2024
“Hong Kong: over-the-top punishment for 2019 democracy protesters, report finds,” The Guardian, 01 November 2023