Under which article of the Hong Kong Basic Law was the 2020 national security law implemented in Hong Kong?

The law was implemented in Hong Kong in accordance with Article 18 of the Hong Kong Basic Law. This article permits China's national laws to be applied in Hong Kong if they are included in Annex III of the Basic Law.

What event is identified as the primary catalyst for the formulation of the 2020 Hong Kong national security law?

The formulation of the national security law was a response to the anti-extradition bill protests that occurred in 2019-2020. These protests were instigated by a proposed local bill in Hong Kong that would have allowed extradition to mainland China and other territories.

What powers does the national security law grant authorities regarding surveillance and content control?

The law empowers authorities to surveil, detain, and search individuals suspected of violating its provisions. It also allows authorities to require publishers, hosting services, and internet service providers to block, remove, or restrict content deemed in violation of the law.

What is the significance of the office established outside of Hong Kong's jurisdiction for enforcing the national security law?

The law established an office outside of Hong Kong's jurisdiction to administer the enforcement of the national security law. This office operates independently of Hong Kong's legal framework.

What did Article 23 of the Hong Kong Basic Law require Hong Kong to do regarding national security legislation?

Article 23 of the Hong Kong Basic Law mandated that the Hong Kong Special Administrative Region would "enact laws on its own" to prohibit acts such as treason, secession, sedition, and subversion against the Central People's Government, as well as theft of state secrets. It also required prohibiting foreign political organizations from conducting activities in the region and regional political organizations from establishing ties with foreign ones.

How did the 2003 attempt to enact national security legislation under Article 23 of the Basic Law conclude?

The 2003 attempt by the Hong Kong Legislative Council to enact national security legislation failed due to mass demonstrations, commonly known as the July 1st march, which drew hundreds of thousands of protesters. This overwhelming public opposition led to the shelving of the proposed bill.

What was the outcome of the proposed Crimes Ordinance amendment in 1996 regarding sedition legislation?

The proposed amendment aimed to legalize dissent against the government and change the existing sedition legislation, which had been in place since 1971. However, the bill was strongly opposed by Beijing and ultimately failed, leaving a gap in national security legislation.

How did the 2020 national security law differ from the 2003 National Security Bill in terms of police search powers?

While the initial 2003 bill authorized police search powers without a court warrant, this provision was removed as a concession. In contrast, the 2020 National Security Law explicitly authorizes police to conduct searches without a warrant.

What is the key difference in the definition of secession between the 2003 National Security Bill and the 2020 National Security Law?

The 2003 bill required the use of 'force or serious criminal means' that 'seriously endanger the stability' of China or engaging in war to constitute secession. The 2020 law broadened this definition to include acts of secession 'whether or not by force or threat of force'.

How does the 2020 National Security Law's application to individuals differ from the 2003 proposal?

The 2020 law applies to anyone in Hong Kong regardless of nationality or residency status, and also covers offenses committed from outside Hong Kong by non-permanent residents. The 2003 proposal had limitations, primarily applying subversion and secession offenses to Hong Kong permanent residents and treason to Chinese nationals.

What is the jurisdictional difference between the 2003 proposal and the 2020 National Security Law?

The 2003 proposal intended for Hong Kong government and courts to retain jurisdiction. The 2020 law, however, allows the central government's Office for Safeguarding National Security and the Supreme People's Court to exercise jurisdiction in certain circumstances.

What was the stated reason for Beijing's decision to enact the national security law through the National People's Congress rather than Hong Kong's legislature?

According to the South China Morning Post, Chinese authorities believed the political climate in Hong Kong, due to the protests, precluded the passage of national security legislation under Article 23 by Hong Kong's own legislature. Therefore, China opted to use the National People's Congress to enact the law.

What was Brian Fong's analysis of the Chinese government's policy change with the national security law?

Brian Fong, a political analyst, described the move as a dramatic and risky change in Chinese policy that could potentially lead to Beijing losing access to foreign capital and technology through Hong Kong.

How did Daniel R. Russel analyze China's awareness of the potential consequences of the national security law decision?

Daniel R. Russel wrote that China was fully aware of the local and international reactions it could expect when the NPC passed its decision. He noted that China's reputation was already low due to the COVID-19 pandemic, particularly in the US, but that Beijing showed increased resolve and tolerance for negative consequences.

What concerns did the Hong Kong Bar Association express regarding the national security law?

The Hong Kong Bar Association expressed grave concern about both the content of the law and the manner of its introduction. They noted that the law was enacted in a way that prevented Hong Kong's legal professionals, judges, police, and residents from understanding its contents before it came into effect.

What actions did prominent democracy activists and groups take immediately after the national security law was passed on June 30, 2020?

Following the law's passage, prominent activists like Joshua Wong, Nathan Law, and Agnes Chow announced their departure from the group Demosistō, which subsequently disbanded. Two other pro-independence groups also ceased operations in Hong Kong, fearing they would be targeted by the new law.

What was the observed 'chilling effect' in Hong Kong following the national security law's implementation, according to Adrian Brown of Al Jazeera?

Adrian Brown observed that many ordinary people declined to comment when interviewed about the law, which he perceived as unusual and indicative of a chilling effect. This phenomenon suggested a reluctance to express opinions that might be construed as critical of the new legislation.

What impact did the national security law have on Hong Kong residents' social media activity and businesses' public displays?

Many Hong Kong residents deleted pro-democracy social media posts and accounts, and requested journalists to destroy evidence of previous conversations. Businesses involved in the 'yellow economy' also removed pro-democracy posters, Lennon Walls, and social media posts.

What was the increase in emigration interest from Hong Kong after the NPCSC decision on the national security law?

Following the NPCSC decision on May 22, 2020, there was a significant increase in web searches related to emigration, with ten times the usual number recorded. This indicated a growing concern among Hong Kong citizens about their rights and freedoms under the new law.

What did the Reuters polls reveal about Hong Kongers' opinions on the national security law before and after its implementation?

A Reuters poll conducted before the law's implementation showed a majority of Hong Kongers opposed it, while a later poll in August 2020 indicated that opposition had increased to 60%, with just over 31% supporting the law.

What was Taiwan's President Tsai Ing-wen's reaction to the national security law, and what assistance did she announce?

President Tsai Ing-wen expressed disappointment with the law and announced the opening of a special office to coordinate humanitarian assistance for the people of Hong Kong in response to its passage.

What was the UK's position on the national security law concerning the Sino-British Joint Declaration?

The UK stated that China was violating the Sino-British Joint Declaration with its attempts to implement the national security law. The Joint Declaration's terms, agreed upon during the handover of sovereignty, included provisions for Hong Kong to maintain autonomy and its British-based governance for 50 years.

What measures did the British Cabinet announce to provide a route to British citizenship for Hong Kong residents?

The British Cabinet announced plans to provide a route to British citizenship for approximately 3 million Hong Kong residents holding British National (Overseas) passports. This included allowing them to apply for a visa, remain in the UK for an extended period, and eventually apply for settled status and citizenship.

What actions did Australia take in response to the national security law, and how did China retaliate?

Australia suspended its extradition agreement with Hong Kong and announced new visa and permit schemes for Hong Kongers, mirroring the UK's offer. In retaliation, China suspended its own extradition agreement with Australia.

What was the US President's declaration regarding the 'One country, two systems' principle and Hong Kong's special trade status?

US President Donald Trump declared that the 'One country, two systems' principle was no longer in effect for Hong Kong. Consequently, he issued Executive Order 13936, terminating Hong Kong's special trade status with the United States.

What did the US Department of State report on October 14, 2020, concerning individuals involved in the erosion of Hong Kong's autonomy?

The US Department of State released a report identifying ten individuals, including Carrie Lam, Xia Baolong, and Luo Huining, who were deemed to have materially contributed to or attempted to erode Hong Kong's autonomy under the Sino-British Joint Declaration and the Basic Law.

What was the stance of HSBC and Standard Chartered banks on the national security law?

Both HSBC and Standard Chartered banks publicly backed the national security law. HSBC stated it respects and supports all laws that stabilize Hong Kong's social order, while Standard Chartered believed the law would help maintain long-term economic and social stability.

What measures did Oxford University take to protect its students and faculty from the national security law?

Oxford University, along with other universities, prohibited the recording of classes, anonymized work, and replaced small group tutorials with one-on-one meetings with faculty to safeguard its community from potential repercussions under the law.

What was the primary purpose of Article 38 of the national security law?

Article 38 of the law asserts extraterritorial jurisdiction, applying to individuals outside of Hong Kong who are not permanent residents and commit acts defined as subversion within the law. This provision is interpreted by some as extending the law's reach globally.

What actions did the Hong Kong police take on July 31, 2020, concerning activists outside Hong Kong?

According to Chinese state media, Hong Kong police issued arrest warrants for six activists residing outside of Hong Kong, citing suspected violations of the national security law. These individuals included Nathan Law, Simon Cheng, Ray Wong, Wayne Chan, Honcques Laus, and Samuel Chu.

What was the significance of the Hong Kong police opening a tip-off line for national security information on November 5, 2020?

The opening of the tip-off line, accessible via email, SMS, and WeChat, allowed the public to report national security-related information anonymously. This initiative was met with criticism, with some fearing it would encourage citizens to 'snitch' on each other.

What did court rulings in October 2021 allow regarding the retroactive application of the national security law?

Despite government assurances against retroactivity, court rulings in October 2021 permitted authorities to retroactively apply the national security law to reopen the sedition statute within the Crimes Ordinance.

What did Carrie Lam state about the national security law's severity and the need for citizen education in July 2021?

In a radio interview, Carrie Lam described the national security law as 'relatively mild by international standards.' She also emphasized the need to strengthen citizens' understanding of the law through education.

What was the outcome of the NPCSC vote on the national security law, and how was it integrated into Hong Kong's legal framework?

The NPCSC passed the law unanimously with 163 votes in favor and none against. It was then listed under Annex III of the Basic Law, bypassing the need for approval by the Hong Kong legislature, and signed into law by President Xi Jinping on June 30, 2020.

What are the maximum prison sentences for the four main crimes established by the national security law?

The four main crimes—secession, subversion, terrorism, and collusion with foreign forces—are all punishable by a maximum sentence of life imprisonment.

What are the minimum sentences stipulated for 'active participants' and 'other participants' in offenses under the national security law?

The law sets a minimum sentence of three years in prison for 'active participants' in offenses. For 'other participants' or those who voluntarily surrender, the sentence is under three years of detention or restriction.

What specific actions did the Hong Kong police gain the power to undertake under the Implementation Rules for Article 43?

The Implementation Rules for Article 43, published on July 6, 2020, enabled the Hong Kong Police Force to conduct warrantless searches of private properties, restrict suspects' movements, freeze assets, and intercept communications.

What is the significance of the National Security Department within the Hong Kong Police Force?

The National Security Department is a specialized unit within the Hong Kong Police Force established to enforce the national security law. Its creation was part of the broader implementation framework of the law.

What did the UN Human Rights Committee state about the national security law's compatibility with the International Covenant on Civil and Political Rights (ICCPR)?

In July 2022, the UN Human Rights Committee stated that the national security law was incompatible with the ICCPR. They cited China not being a party to the ICCPR as a reason for calling for a 'complete repeal' of the law.

What did the European Parliament demand in its resolution concerning Hong Kong's shrinking rights to free speech?

The European Parliament passed a resolution demanding the release and dropping of charges against media tycoon and pro-democracy activist Jimmy Lai, highlighting concerns about Hong Kong's diminishing rights to free speech.

What was the impact of Article 38 on Hong Kong students studying abroad?

The extraterritorial reach of Article 38 caused some Hong Kong students studying abroad to fear returning home due to the possibility of being arrested under the national security law for their online comments or activities.

What did the Security Bureau state in July 2023 regarding the extraterritorial application of the Hong Kong National Security Law?

The Security Bureau stated that the extraterritorial application of the law aligns with the recognized international law principle of 'protective jurisdiction' and common international practice, describing it as a 'common feature' of national security laws in other jurisdictions.

What was the outcome of the arrest of a Hong Kong student who returned from Japan in April 2023?

A Hong Kong student studying in Japan was detained upon returning to update her ID due to critical online comments about the Hong Kong government, including suggestions for Hong Kong independence. Her passport was temporarily confiscated, preventing her return to her studies abroad.

What actions did the Hong Kong police take regarding the website of the UK-based NGO Hong Kong Watch in March 2022?

The Hong Kong Police Force ordered the CEO and co-founder of Hong Kong Watch, Benedict Rogers, to take down the organization's website. Failure to comply with this order could result in a fine and imprisonment.

What did the Hong Kong government warn about Independence Day celebrations in June 2025?

In June 2025, the Hong Kong government issued a warning that celebrations of Independence Day might violate the National Security Law, indicating a broad interpretation of activities that could be deemed problematic.

What was the reported number of reports made to the national security hotline by June 2025?

According to Chris Tang, the Security Chief, over 920,000 reports had been made to the national security hotline by June 2025, highlighting its extensive use for reporting information related to national security.

What was the stated purpose of the 'lam chau' doctrine mentioned in relation to Hong Kong's situation?

The 'lam chau' doctrine, a Cantonese slang term, was used by some Hong Kong opponents of the national security law who hoped that international pressure, such as foreign sanctions, would damage China's economy as a consequence of the law.

What did the Hong Kong government declare on July 2, 2020, regarding the slogan 'Liberate Hong Kong, revolution of our times'?

On July 2, 2020, the Hong Kong government declared the slogan 'Liberate Hong Kong, revolution of our times' to be subversive and in violation of the national security law, marking a significant shift in how political expression was treated.

2020 Hong Kong National Security Law Wiki: The Hong Kong National Security Law: A Comprehensive Analysis

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Overview

Defining the Law

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, enacted in 2020, is a national security law of China applicable to Hong Kong. It was implemented under Article 18 of the Hong Kong Basic Law, integrating it into Annex III of the Basic Law, thereby bypassing local legislative approval. This legislation was a direct response to the extensive anti-extradition bill protests that occurred in 2019-2020.

Core Criminal Offenses

The law establishes four primary offenses: secession, subversion against the Central People's Government, terrorism, and collusion with foreign forces or external elements. Any expression, verbal or otherwise, advocating for Hong Kong's secession from China is criminalized. The law also grants authorities broad powers for surveillance, detention, and search, and mandates content restriction by publishers and internet service providers.

Extraterritorial Reach

A significant aspect of the law is its extraterritorial application, as stipulated in Article 38. It asserts jurisdiction over individuals, regardless of their residency or nationality, who commit offenses related to national security either within Hong Kong or from outside its borders. This provision has raised concerns about its potential global reach and enforcement implications.

Historical Context

Article 23 of the Basic Law

Article 23 of the Hong Kong Basic Law mandates that the Hong Kong Special Administrative Region (HKSAR) shall enact its own laws to prohibit acts of treason, secession, sedition, subversion against the Central People's Government, and interference by foreign political organizations. This requirement has been a point of contention since the 1997 handover.

Previous Legislative Attempts

An earlier attempt to legislate under Article 23 in 2003 failed due to widespread public opposition and mass demonstrations, highlighting the sensitivity surrounding national security legislation in Hong Kong. The 2020 law bypassed this local legislative process, being directly enacted by China's National People's Congress Standing Committee.

Key differences between the 2003 Bill and the 2020 Law:

Aspect	2003 National Security Bill	2020 National Security Law
Enactment Procedure	Local consultation, debate in Legislative Council. Modifications offered after backlash.	Passed by NPC Standing Committee, bypassing local legislature. No prior public consultation.
Police Search Powers (without warrant)	Initially authorized, later removed as a concession.	Authorized.
Definition of Secession	Required "force or serious criminal means" that "seriously endangers the stability" of China.	Includes acts "whether or not by force or threat of force".
Applicability	Primarily limited to Hong Kong permanent residents for subversion/secession; Chinese nationals for treason.	Applies to anyone in Hong Kong, regardless of nationality or residency, and to acts committed outside Hong Kong by non-permanent residents.
Jurisdiction	Retained by Hong Kong government and courts.	Central government's Office for Safeguarding National Security and Supreme People's Court may exercise jurisdiction in specific circumstances.

Key Provisions

Defined Offenses

The law explicitly defines and criminalizes four categories of offenses:

Secession: Detaching Hong Kong from China.
Subversion: Undermining the state power of the Central People's Government.
Terrorism: Acts intended to cause or threatening to cause casualties, property damage, or disruption to public services.
Collusion: Cooperating with foreign countries or external elements to endanger national security.

Penalties range from fixed-term imprisonment to life imprisonment for severe cases.

Enforcement and Oversight

The law established the Office for Safeguarding National Security in the Hong Kong Special Administrative Region, an entity operating outside Hong Kong's jurisdiction. This office, along with Hong Kong's Committee for Safeguarding National Security, oversees enforcement. The law allows for cases to be transferred to mainland Chinese authorities under specific circumstances, such as complex foreign interference cases or when national security faces serious threats.

Restrictions on Freedoms

The legislation has been criticized for its broad scope and potential impact on fundamental freedoms. It criminalizes acts such as organizing, providing assistance, or inciting others to commit offenses. Furthermore, it grants authorities powers to restrict content deemed a threat to national security, impacting freedom of speech and the press.

Legislative Process

Enactment Timeline

The National People's Congress (NPC) approved the decision to authorize the NPCSC to enact the law on May 22, 2020. The NPCSC passed the law unanimously on June 30, 2020, and it came into effect the same day. This rapid process, bypassing Hong Kong's legislative procedures, was a significant departure from the established framework under the Basic Law.

Legal Basis and Authority

The legal foundation for the law rests on China's constitution and Article 18 of the Basic Law. The NPCSC's decision asserted Beijing's authority to legislate directly for Hong Kong on national security matters, overriding the HKSAR's obligation under Article 23 to legislate on its own. This move was justified by Beijing as necessary to address perceived threats to national security and stability.

Domestic Reactions

Public Opposition

Public opinion surveys conducted in Hong Kong indicated significant opposition to the law. Many residents expressed concerns that the law would erode the city's autonomy, freedoms, and civic identity. The swift enactment and lack of transparency surrounding the law's final text fueled anxieties about its potential impact.

Civil Society and Academia

Hong Kong's legal community, including the Bar Association, voiced grave concerns regarding the law's contents and the manner of its introduction. Universities and educational institutions implemented measures to protect students and faculty, fearing repercussions for academic expression and research. Pro-democracy groups and activists faced increased scrutiny, leading some to disband or cease operations.

Economic and Social Impact

Concerns were raised about the law's potential impact on Hong Kong's status as an international financial hub. While some businesses expressed support for stability, others worried about the chilling effect on free expression and the potential for international sanctions. Many residents began exploring emigration options following the law's passage.

International Responses

United Kingdom's Stance

The UK, citing the Sino-British Joint Declaration, condemned the law as a breach of international commitments. It offered a pathway to British citizenship for Hong Kong residents holding British National (Overseas) status and suspended its extradition treaty with Hong Kong. The UK also advocated for a coordinated international response.

United States Actions

The US declared that Hong Kong was no longer autonomous from mainland China, terminating its special trade status. The US Congress passed the Hong Kong Autonomy Act, imposing sanctions on officials deemed responsible for undermining Hong Kong's autonomy. Extradition treaties and cooperation on police training were also suspended.

Allied Nations' Measures

Several other nations, including Australia, Canada, and Japan, expressed concerns and took measures such as suspending extradition treaties with Hong Kong. These countries also reviewed their visa policies to offer support to Hong Kong residents facing increased political pressure. The G7 nations jointly urged China to reconsider the law.

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References

A full list of references for this article are available at the 2020 Hong Kong national security law Wikipedia page

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Disclaimer

Important Notice

This page was generated by an Artificial Intelligence and is intended for informational and educational purposes only. The content is based on a snapshot of publicly available data from Wikipedia and may not be entirely accurate, complete, or up-to-date.

This is not legal or political advice. The information provided on this website is not a substitute for professional legal consultation, analysis, or advice. Always seek the advice of qualified legal professionals or political analysts for specific matters related to Hong Kong's legal framework or geopolitical implications. Never disregard professional advice because of something you have read on this website.

The creators of this page are not responsible for any errors or omissions, or for any actions taken based on the information provided herein.

The Hong Kong National Security Law

💡 Dive in with Flashcard Learning! 💡

Overview ℹ️

📜 Defining the Law

⚖️ Core Criminal Offenses

🌐 Extraterritorial Reach

Historical Context 🏛️

📖 Article 23 of the Basic Law

⏳ Previous Legislative Attempts

Key Provisions 📝

🔒 Defined Offenses

🕵️ Enforcement and Oversight

🚫 Restrictions on Freedoms

Legislative Process ⚙️

📅 Enactment Timeline

📜 Legal Basis and Authority

Domestic Reactions 🗣️

😟 Public Opposition

🏛️ Civil Society and Academia

📉 Economic and Social Impact

International Responses 🌍

🇬🇧 United Kingdom's Stance

🇺🇸 United States Actions

🇦🇺🇨🇦🇯🇵 Allied Nations' Measures

Teacher's Corner 🧑‍🏫

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References

📜 References

Feedback & Support 👍

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Disclaimer ⚠️

📜 Important Notice

Dive in with Flashcard Learning!

Overview

Defining the Law

Core Criminal Offenses

Extraterritorial Reach

Historical Context

Article 23 of the Basic Law

Previous Legislative Attempts

Key Provisions

Defined Offenses

Enforcement and Oversight

Restrictions on Freedoms

Legislative Process

Enactment Timeline

Legal Basis and Authority

Domestic Reactions

Public Opposition

Civil Society and Academia

Economic and Social Impact

International Responses

United Kingdom's Stance

United States Actions

Allied Nations' Measures

Teacher's Corner

True or False?

Test Your Knowledge!

Gamer's Corner

Discover other topics to study!

References

Feedback & Support

Disclaimer

Important Notice