• 11/11/2024

Explainer: Hong Kong’s national security crackdown – month 40

Hong Kong Free Press

NSL Explainer Month 40

In the 40th month since the national security law was enacted, Hong Kong’s courts oversaw several sedition hearings. Although separate from the Beijing-imposed security legislation, prosecutions under the colonial-era sedition law have risen in lockstep since the former came into effect in June 2020.

A China flag flies in Hong Kong, on October 1, 2023. Photo: Kyle Lam/HKFP.
A China flag flies in Hong Kong, on October 1, 2023. Photo: Kyle Lam/HKFP.

Despite maintaining that stability has been restored to the city, authorities continue to say that threats to national security remain, vowing to legislate Article 23 – Hong Kong’s own security – law by the end of 2024. As to whether opposing the new law would violate the existing one? Hong Kong’s security chief has not given a clear answer.

New security law

Hong Kong leader John Lee said on October 25 that the city would legislate its own security law in 2024, four years after Beijing imposed a sweeping security law criminalising secession, subversion, terrorism and foreign collusion. While authorities say the legislation has restored stability, critics say it has silenced dissent and freedom of expression.

Chief Executive John Lee meets the press after announcing 2023 Policy Address on October 25, 2023. Photo: Kyle Lam/HKFP.
Chief Executive John Lee meets the press after announcing 2023 Policy Address on October 25, 2023. Photo: Kyle Lam/HKFP.

Lee defended the government’s move to enact more security legislation, after vowing during his second Policy Address to roll out Article 23 of the Basic Law next year.

Article 23 of the Basic Law stipulates that the government shall enact laws on its own to prohibit acts of treason, secession, sedition and subversion against Beijing. Its legislation failed in 2003 following mass protests and it was not tabled again until after the onset of the separate, Beijing-imposed security law in 2020. Pro-democracy advocates fear it could have a negative effect on civil liberties.

“The 2019 riots, black violence, and the attempted colour revolution happened because of the obvious vacuum situation on legislation regarding national security,” Lee said during a press conference after delivering his Policy Address on October 25.

(Left to right) Secretary for Education Christine Choi, Secretary for Security Chris Tang and Secretary for Home and Youth Affairs Alice Mak meet the press after Chief Executive John Lee announced his second Policy Address on October 27, 2023. Photo: Kyle Lam/HKFP.
From left: Secretary for Education Christine Choi, Secretary for Security Chris Tang and Secretary for Home and Youth Affairs Alice Mak meet the press after Chief Executive John Lee announced his second Policy Address on October 27, 2023. Photo: Kyle Lam/HKFP.

When asked whether opposing the legislation of Hong Kong’s own security law would violate the national security law, security chief Chris Tang did not give a clear answer.

Patriotic education

Lee also announced that Hong Kong would roll out more patriotic education initiatives – including a revamped museum and a new festival – to ensure “continuity from generation to generation,” during this year’s Policy Address.

china flags tsim sha tsui national day
A China National Day patriotic gathering in Tsim Sha Tsui on Sunday, October 1, 2023. Photo: Kyle Lam/HKFP.

The Constitution and Basic Law Promotion Steering Committee will establish a working group on patriotic education, whilst the Leisure and the Culture and Services Department (LCSD) will establish a Chinese Culture Promotion Office.

The measures will be rolled out “with a view to enhancing education on our country’s history, culture and current affairs on different fronts, thereby promoting patriotism and ensuring its continuity from generation to generation,” Lee told lawmakers.

Lee’s announcement came after the Hong Kong government said it welcomed the adoption of China’s patriotic education law, which was passed by the country’s rubber-stamp legislature on October 24.

china chinese flag
A China National Day patriotic gathering in Tsim Sha Tsui on Sunday, October 1, 2023. Photo: Kyle Lam/HKFP.

The law “sets out the main content of patriotic education, covering areas such as ideology and politics, history and culture, national symbols, the magnificent scenery and historical and cultural heritage of the motherland, constitution and law, national unity and ethnic solidarity, national security and defense, and the deeds of heroes and martyrs and role models,” a statement issued by the Constitutional and Mainland Affairs Bureau read.

HKU student union

Four former student leaders of the University of Hong Kong (HKU) were jailed for two years each for incitement to wound over a controversial motion they passed to mourn a man who stabbed a police officer before taking his own life in July 2021.

HKUSU student leader Chris Todorovski Charles Kwok Yung Chung-hei District Court Wan Chai
(From left to right) Former University of Hong Kong student leaders Yung Chung-hei, Charles Kwok and Chris Todorovski outside the District Court in Wan Chai on September 11, 2023. Photo: Kelly Ho/HKFP.

HKU students Kinson Cheung, Charles Kwok, Chris Todorovski and Anthony Yung, who were remanded in custody last month, appeared before judge Adriana Noelle Tse Ching for sentencing at District Court on October 30.

The four were originally charged with advocating terrorism, but prosecutors agreed to let them plead guilty to an alternative charge of incitement to wound with intent.

Jimmy Lai documentary

A documentary about pro-democracy media tycoon Jimmy Lai remains on YouTube despite a request from Hong Kong police to take it down, a transparency report published by US tech giant Google revealed in late October.

A promotional image for 'The Hong Konger' documentary about detained pro-democracy media tycoon Jimmy Lai. Photo: The Hong Konger/Acton Institute.
A promotional image for ‘The Hong Konger’ documentary about detained pro-democracy media tycoon Jimmy Lai. Photo: The Hong Konger/Acton Institute.

“In April 2023, we received a request from the Hong Kong Police Force (HKPF) to remove 5 videos featuring ‘The Hong Konger’, a documentary about an imprisoned activist from YouTube,” Google’s report read. “The HKPF alleged that the content was seditious in nature and violative of Crimes Ordinance, Cap. 200 and would amount to criminal contempt of Court as the activist’s trial was ongoing.”

The outcome of the request, according to Google was: “We did not remove the 5 videos from YouTube.”

Detained editor’s apology

Ryan Law, the detained former editor-in-chief of defunct pro-democracy newspaper Apple Daily, issued a public apology for publishing reports alleging that two business executives were Chinese spies when the pair was involved in an espionage investigation in Taiwan four years ago.

Apple Daily
Apple Daily’s final edition on June 23, 2021. Photo: Kelly Ho/HKFP.

Law’s statement came days after travel bans barring Chinese businessman Xiang Xin and his wife Kung Ching from leaving Taiwan were lifted.

The Apple Daily reports were published between November 23, 2019, and December 7, 2019 – when the pair was first arrested in Taiwan in connection with a Chinese espionage case.

Sedition in court

Hong Kong man Kurt Leung was sentenced to four months’ jail under the sedition law on October 6 after pleading guilty to importing 18 children’s books about sheep and wolves. The publications were said to be filled with “distorted ideas” and to have intended to incite hatred against the local and Chinese governments among young readers.

Sheep and wolf children's book
Three children’s books were found as seditious by court in a high-profile trial in 2022. Photo: Screenshot.

In middle of October, 57-year-old Au Kin-wai was denied bail by a handpicked national security judge after he was arrested by Hong Kong national security police over allegedly posting content “with seditious intention” online.

Au appeared in front of Chief Magistrate Victor So on October 18 at West Kowloon Magistrates’ Courts. He was charged with one count of “doing an act or acts with seditious intention” between April 19 and October 16 over allegedly posting “seditious” content on Facebook and X, formerly known as Twitter.

like heart sad face social media emoji

In late October, Yuen Ching-ting, 23, pleaded guilty to publishing online speech with seditious intent.

Yuen, a second-year student at a university in Japan, was arrested by national security police after arriving in Hong Kong in early March. She was granted bail on a HK$10,000 cash bond and a long list of strict conditions related to social media use.

Owen Chow arrested again

Detained Hong Kong activist Owen Chow was arrested by national security officers, while on remand, on suspicion of “carrying unauthorised items out of a prison.”

Owen Chow
Owen Chow. Photo: Candice Chau/HKFP.

Chow and one of his lawyers, Phyllis Woo, 30, appeared at West Kowloon Magistrates’ Courts on October 31. They were charged on Friday over removing unauthorised articles from a prison.

‘Objectionable’ library content

Hong Kong public libraries are set to review their collections after more than 50 reports were made by the public about suspected “objectionable” content found in library books and other titles.

Public library books
A public library in Hong Kong. File photo: GovHK.

The government received reports under the new “Collection of Views on Library Collections” mechanism, launched in early July, the Leisure and Cultural Services Department (LCSD) said on October 19 in response to HKFP enquiries.

The library materials in question would be reviewed as soon as possible, and if they were found to contain “objectionable contents,” they would be removed from the shelves and withdrawn from the library collection.

Challenge to untaken oath

Hong Kong civil servant Wong Chau-ming, who was forced to retire after failing to take the government’s new loyalty oath on time, saw his attempt to challenge the move rejected in court on October 19.

Oath-taking
Chief Executive Carrie Lam attends an oath-taking ceremony for civil servants on December 18, 2020. Photo: GovHK.

The 47-year-old’s leave to appeal application centred around the government ordering his retirement from his post as an assistant taxation officer in August 2021, after he failed to sign and return a government loyalty declaration that was made mandatory following the national security law’s enactment.

Hong Kong announced in November 2020 that all civil servants would have to declare allegiance to the city as part of a new oath-taking requirement for employees.

AmCham asks for reassurance

The American Chamber of Commerce (AmCham) in Hong Kong called on the government to provide “straightforward interpretations and applications” of the national security law in this year’s Policy Address.

Barbed wire fencing with the Wan Chai district in the background in Hong Kong. - After massive and at times violent pro-democracy protests in 2019, and Beijing's subsequently imposed national security law, Hong Kong has used the sedition offence -- created under British colonial rule -- to charge residents for the first time in over 50 years.
Barbed wire fencing with the Wan Chai district in the background in Hong Kong. – After massive and at times violent pro-democracy protests in 2019, and Beijing’s subsequently imposed national security law, Hong Kong has used the sedition offence — created under British colonial rule — to charge residents for the first time in over 50 years. Photo: Isaac Lawrence/AFP.

In a 49-page document, the US chamber made a list of suggestions related to the security legislation, talent attraction, trade, financial services, housing and more.

“AmCham encourages the government to publish well-defined guidelines offering straightforward interpretations and applications of the National Security Law,” the chamber wrote.

“The Government should seek to reassure the business community that laws related to Hong Kong’s national security will be applied narrowly and consistent with the principles of an independent judiciary.”

Cost of national security

The salaries of close to 200 judges and judicial officers in Hong Kong went up by 3.62 per cent. The increase came after a report by the Judicial Committee in July said national security cases and those linked to the 2019 protests posed “mounting challenges” to the Judiciary’s resources and manpower.

Judges Judiciary
Hong Kong judges. File photo: Kyle Lam/HKFP.

Arrest and prosecution tally

As of October 31, 285 people had been arrested for suspected acts and activities that endangered national security since the legislation was enacted, the Security Bureau told HKFP. Among them, 170 people and five companies had been charged under the national security law or the sedition law or with other crimes.

Among the 101 persons who have been convicted or are awaiting sentencing, 32 were charged under the national security law.

Support HKFP  |  Policies & Ethics  |  Error/typo?  |  Contact Us  |  Newsletter  | Transparency & Annual Report | Apps

legal precedents hong kong
security law transformed hong kong
contact hkfp

https://hongkongfp.com/2023/11/04/explainer-hong-kongs-national-security-crackdown-month-40/