Explainer: Hong Kong’s national security crackdown – month 54
Hong Kong Free Press
December 2024 was the 54th month since a Beijing-imposed security law was enacted in Hong Kong, and nine months since further security legislation was passed into law by Hong Kong’s opposition-free legislature. As the public was beginning to feel the festive vibe on Christmas Eve, the government announced another round of action against overseas activists.
Meanwhile, in the city’s courtrooms, the marathon trial of pro-democracy media tycoon Jimmy Lai, who faces two counts of conspiring to collude with foreign forces under Beijing’s security law, continued; the first legal challenge launched against the newer security law was rejected; and a sedition case was adjourned to await an appeal ruling.
Passports of overseas activists ‘cancelled’
The Hong Kong government cancelled the passports of seven overseas activists it labelled “absconders” under the city’s security law on December 24, including former lawmakers Ted Hui and Dennis Kwok.
Secretary for Security Chris Tang invoked his powers under the Safeguarding National Security Ordinance, known as Article 23, and imposed a series of special orders against Ted Hui, Anna Kwok, Elmer Yuen, Dennis Kwok, Kevin Yam, Frances Hui and Joey Siu. Each had earlier been issued an arrest warrant and had an existing HK$1 million bounty on their head over alleged national security offences.
The cancellation of their passports marked the second time that Hong Kong authorities had exercised such powers under Article 23, which came into force in March. In June, similar orders were imposed on six “fugitives,” including prominent activist Nathan Law who is currently based in the UK.
Yam, an Australian citizen, said on Facebook after the announcement that he did not hold a Hong Kong passport and had never applied for one.
When asked whether the measures would still be effective against Yam, Tang said the current measures would prevent the activist from applying for a Hong Kong passport or professional qualifications in the future.
More arrest warrants for overseas activists
Also on December 24, national security police issued a fresh round of arrest warrants and HK$1 million bounties, this time on six overseas Hongkongers, including self-exiled activists, a former pollster, and an ex-actor.
Activists Tony Chung, Carmen Lau, and Chloe Cheung were named as “fugitives” by national security police, as were political commentator and former pollster Chung Kim-wah, ex-TVB star Joseph Tay, and YouTuber Victor Ho.
The six are accused of committing national security offences including inciting secession, subversion, and colluding with foreign forces.
Democrats seeking to overturn judgement
A total of 14 pro-democracy figures jailed in November over their roles in a 2020 primary election filed applications to appeal their sentences, and in some cases convictions, in the landmark subversion case that involved 47 prominent democrats.
They include 27-year-old activist Wong Ji-yuet, veteran activist “Long Hair” Leung Kwok-hung, 34-year-old journalist-turned-activist Gwyneth Ho, Hong Kong’s first openly gay lawmaker Raymond Chan, political novice and Australian national Gordon Ng, and 27-year-old activist Owen Chow.
On November 19, they were among 45 democrats sentenced to between four years and two months to 10 years behind bars.
Meanwhile, Hong Kong authorities announced in mid-December that they had no plans to challenge the jail terms meted out against the pro-democracy figures.
In an emailed response to HKFP on December 10, the Department of Justice said it “does not intend to seek sentence reviews” for the case.
Trial of Jimmy Lai continues
Jailed media tycoon Jimmy Lai spent December on the witness stand, telling his national security trial that he halted calls for foreign sanctions to be imposed on Hong Kong after a Beijing-imposed national security law came into effect in June 2020, saying that to continue to make such calls would have be “suicidal.”
Lai is on trial for two charges of conspiring to collude with foreign forces under that security law and a third count of conspiring to publish “seditious” materials under colonial-era legislation. On December 6, Lai’s 12th day of testifying, his lawyers began to examine his communications and actions after the security law came into force.
On December 13, the 77-year-old tycoon denied that he had been trying to call for sanctions on Hong Kong over the enactment of the national security law by sharing a tweet from activist Benedict Rogers on July 30, 2020.
Lai testified on December 17 that he thought the Hong Kong police had begun to “twist the facts” in making arrests after the security law came into effect.
The following, Lai told the court he believed the UK had a “moral responsibility” to lead international support for Hong Kong, but denied that he had requested specific policy measures other than granting Hongkongers the right of abode in the country.
And on December 19, Lai said that tensions between China and the West had increased after Xi Jinping became leader and could only be resolved if he were to step down, while denying that such a claim amounted to inciting hatred against Xi.
The trial will resume on January 6.
Xi Jinping sings Hong Kong’s praises
Chinese leader Xi Jinping praised Hong Kong for enacting additional security legislation earlier this year, and pledged Beijing’s continuous support for the city’s economic development during a meeting with Chief Executive John Lee on December 13.
Xi lauded Lee’s administration for completing legislation of the city’s second security law, commonly referred to as Article 23; tackling domestic issues such as housing and medicine; and for strengthening Hong Kong’s international exchanges.
Separate to the 2020 Beijing-enacted security law, the homegrown Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, theft of state secrets and espionage. It allows for pre-charge detention of to up to 16 days, and suspects’ access to lawyers may be restricted, with penalties involving up to life in prison. Article 23 was shelved in 2003 amid mass protests, remaining taboo for years. But, on March 23, 2024, it was enacted having been fast-tracked and unanimously approved at the city’s opposition-free legislature.
The law has been criticised by rights NGOs, Western states and the UN as vague, broad and “regressive.” Authorities, however, cited perceived foreign interference and a constitutional duty to “close loopholes” after the 2019 protests and unrest.
Passing Article 23 a ‘challenge’ for security chief
In a Facebook post recapping his year, Secretary for Security Chris Tang said he and his team “poured countless effort and time” into their work throughout 2024. They overcame “obstacle after obstacle, leaving behind many unforgettable memories,” Tang said, adding that the most important memory was the passage of the city’s homegrown security law.
Passing Article 23 was a “historical mission,” Tang said in Cantonese, adding that it was the “biggest challenge in [his] career.”
“At the time, I faced slander, attacks and threats from the outside… because I was not getting enough sleep, I suffered inflammation in my eyes and shoulders, and my gout came back,” Tang said.
US bill that may end HK special status
The chair of a US Senate committee introduced a bill in early December that would end Hong Kong’s special treatment under US law.
Democratic Senator Ben Cardin, who chairs the Senate Foreign Relations Committee, introduced the Hong Kong Policy Act of 2024 on December 9.
“The Hong Kong Policy Act of 2024 equips our country with the tools needed to protect U.S. interests, promote human rights, and provide relief to those fleeing persecution, supporting a future where the people of Hong Kong can live in freedom and dignity,” Cardin said in a statement.
Visa restrictions as a weapon
In mid-December, Beijing announced it would impose visa restrictions on US officials that it said had “interfered” in Hong Kong affairs after Washington in November said it was “taking steps” to impose visa restrictions on Hong Kong officials.
Mao Ning, a spokesperson for China’s foreign ministry, said that the US had “violently interfered in China’s internal affairs” by imposing visa restrictions on Chinese officials over Hong Kong issues.
In November, the US said it was “taking steps” to impose new visa restrictions on Hong Kong officials after 45 of the city’s most prominent pro-democracy advocates were sentenced to prison.
Article 23: Prisoner barred from early release
Ma Chun-man, the first Hong Kong prisoner made ineligible for early release after Article 23 was enacted in March, lost a legal challenge against the new rule.
High Court Judge Alex Lee on December 6 refused the judicial review by Ma, who is expected to remain behind bars until November as he serves the remainder of a five-year sentence for inciting secession.
Ma filed a challenge against the Safeguarding National Security Ordinance after his early release from prison based on good conduct was axed on March 25, just two days after the law came into effect, on national security grounds.
Sedition case adjourned
Chow Kim-ho, who was charged under Article 23 over allegedly publishing “seditious” posts online has, appeared in court on December 30, when his case was adjourned to await the verdict of a landmark appeal at the top court.
Chow’s lawyer, Steven Kwan, applied for an adjournment to await the Court of Final Appeal’s handling of a sedition appeal scheduled to be heard on January 10, saying its outcome could inform Chow’s decision on how to plead, Kwan said.
The top court is set to hear a landmark challenge that day from pro-democracy activist Tam Tak-chi, who was jailed for three years and four months in April 2020 over offences including uttering seditious words and taking part in an unauthorised assembly.
Arrest and prosecution figures
As of December 1, a total of 306 people had been arrested for “cases involving suspected acts or activities that endanger national security” since Beijing’s national security law came into effect, according to the Security Bureau. The number includes those arrested under Article 23, known officially as the Safeguarding National Security Ordinance.
Of the 177 people and five companies who have so far been charged, 161 people and one company have been convicted or are awaiting sentencing.
Among them, 91 people and four companies have been charged under the national security law, with 76 convicted. Three people have been charged under Article 23, all of whom have been convicted.
HKFP has reached out to the bureau for updated arrest and prosecution figures.
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https://hongkongfp.com/2025/01/05/explainer-hong-kongs-national-security-crackdown-month-54/